Vittal & Ors vs State Of Raj. & Ors on 17 February, 2009

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     IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
                           AT JODHPUR.


                              ORDER

                      Vitthal and Others
                              Vs.
               The State of Rajasthan & Others.


         S.B.CIVIL WRIT PETITION NO. 1257/2009


              Date of Order          ::         17/02/2009


                              PRESENT

             HON'BLE MR. JUSTICE H.R. PANWAR



Mr. P.R.Mehta, for the petitioner.


BY THE COURT:

By the instant writ petition, the workmen petitioners

have challenged the orders by which they have been retrenched

from service in violation of the provisions of Industrial Disputes

Act, 1947.

A Five Judge Bench of this Court in Gopi Lal Teli Vs.

The State of Rajasthan and Others 1995 (2) W.L.C. (Raj.) 1

while considering the provisions of Industrial Disputes Act more

particularly Sections 10, 11, 12, 25F, 25FA, 25FB as also Article

226 of the Constitution of India, held that the retrenchment of

workman in non-compliance with conditions prescribed u/s. 25-F
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involve disputed questions of fact and directly writ petition is not

maintainable. Whether the conditions prescribed under Section

25-F of the Act for retrenchment of a workman have been

fulfilled or not, is pure question of fact and since in order to

arrive at a conclusion or for recording a finding, some

investigation/ enquiry that has to be embarked upon, would be

beyond purview of Article 226 of the Constitution of India and on

these premises this Court held that writ petition is not

maintainable in view of the alternative remedy which is

efficacious in nature provided by Statute i.e. Industrial Disputes

Act, 1947 before the Industrial Tribunal and Labour Court.

In this view of the matter, without availing

alternative remedy available under the Statute, the petitioners

have straightway filed the writ petition under Article 226 of the

Constitution of India and therefore, the writ petition cannot be

entertained on the ground of non-exhausting of alternative

remedy available to the petitioners.

The writ petition is therefore, dismissed on the

ground of availability of alternative remedy. The petitioners may

approach to the State Govt. for making reference raising

industrial dispute. No order as to costs.

(H.R. PANWAR), J.

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