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Ram Sabad Ram v. General Manager And Another - WRIT - A No. 2873 of 1996  RD-AH 123 (4 March 2004)
Court No. 23
Civil Misc. Writ Petition No. 2873 of 1996
Ram Sabad Ram Vs. General Manager and others.
Heard Sri S.K.Shukla, advocate, holding brief of Sri A.K.Shukla, learned counsel for the petitioner and Sri Arvind Kumar, advocate holding brief of Sri Ajit Kumar Singh, learned standing counsel for the respondents.
Learned counsel for the petitioner states that since an appeal has already been filed before respondent no.2, the District Magistrate, Ballia against the impugned order of termination, which is still pending for disposal may be disposed off on merit.
Learned counsel for the respondents submits that the writ petition is not maintainable in view of the settled law, in the case of Chandrama Singh Vs. The Managing Director, U.P.Co-operative Union Lucknow and others, reported in 1991 UPLBEC, 898, Rajastan State Road Transport, reported in AIR 1995 page 1715, the Division Bench decision of this Hon'ble Court in the case of Pepsico India and Holding Ltd. Vs. The Dy.Labour Commissioner Kanpur and others, reported in (2000) AWC, 1800 and in the case of GM,KSCM Ltd. Sultanpur, U.P. Vs. Satrughan Nishad, reported in (2004) 1 UPLBEC 7, where it has been categorically held that the workman should have taken the recourse under the Industrial Dispute Act.
Looking into the facts and circumstances of the case, respondent no.2 -the District Magistrate, Ballia is directed to dispose of the appeal of the petitioner pending before him with a speaking order within a period of six weeks from the date of the production of a certified copy of this order before him. However, it shall also be open to the petitioner to take recourse under the Labour Law/Industrial Dispute Act against the impugned order in accordance with law.
With these directions the writ petition is dismissed. No orders as to costs.
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