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Lallan Prasad v. M.D., U.P.S.R.T.C. And Others - WRIT - A No. 9414 of 2006 [2006] RD-AH 3683 (16 February 2006)


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Court No.7

Civil Misc. Writ No. 9396 of 2006

Suresh Chandra and others             ...                   -Petitioners


Chief Managing Director, Bharat Sanchar Nigam Ltd. New Delhi and others                               ...            - Respondents                                                                            

Hon'ble Rakesh Tiwari, J

             Heard counsel for the parties and perused the record.

   The petitioners are the employees of the Bharat Sanchar Nigam Limited.

  This writ petition has been filed for quashing the impugned order dated 6.12.2005 passed by respondent no.2. The petitioners have further prayed that the respondents be restrained from giving next promotion on the post of TES Grade-2 to those who have been illegally promoted on the post of Junior Telecom Officer till the final result is notified or till the writ petitions as well as the special appeals pending before this Court challenging the validity of the departmental promotions are finally decided.

The standing counsel appearing for the respondents submits that the petitioner has an efficacious and alternative remedy against the aforesaid the orders before the Labour Court under the U.P. Industrial Disputes Act, 1947.The counsel for the petitioner does not dispute this fact. The petitioner may approach the Labour Court against the aforesaid grievance.

It has been the consistent view of Hon'ble Supreme Court that wherever an alternate remedy is available it should not be bye-passed and the petitioner has to approach this Court after availing alternate remedy. Reference in this regard may be made to Hindustan Steel Works Construction Ltd.  and another Vs. Hindustan Steels Works Construction Ltd., Employees Union- (2005) 6 SCC 725 and U.P. State Spinning Co. Ltd. Vs. R.S. Pandey and another,  (2005) 107 F.LR.729.

The writ petition is dismissed on the ground of availability of alternative remedy. However, it is directed that if the petitioner raises an industrial dispute within six weeks from today, the Conciliation Officer will try forthwith to settle the dispute amicably. In case no settlement is arrived at, the Conciliation Officer will refer the dispute to the Labour Court for adjudication of the dispute within a time schedule as contained in Rule 12 of the U.P. Industrial Disputes Rules, 1957, the same shall be decided by the Labour Court within a period of six months thereafter.

Dated 16.2.2006



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