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Bhaiya Lal v. Chief Manager, (M.I.S.) (Anu) Parivahan Nagam And Others - WRIT - A No. 3590 of 2006 [2006] RD-AH 1370 (19 January 2006)


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 Hon'ble Rakesh Tiwari ,J

           Heard counsel for the parties and perused the record.

             The petitioner was appointed on the post of Conductor in UPSRTC. He was suspended vide order dated 11.4.2002 on certain charges. After holding enquiry his services were terminated vide order dated 15.3.2004.Against the aforesaid order he filed an appeal which was also rejected vide order dated 16.9.2005. Hence, this writ petition.

 The counsel for the respondents has raised a preliminary objection that the petitioner has an efficacious and alternative remedy for redressal of his grievance before the Labour Court.

The counsel for the petitioner does not dispute this fact.

It has been the consistent view of Hon'ble the 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 Steel Works Construction Ltd., Employees Union-(2005)6 SCC-725 and U.P. State Spinning Co. Ltd. Vs. R.S. Pandey and another (2005)107 FLR-729.

The writ petition is dismissed on the ground of alternative remedy.

In case the petitioner raise an industrial dispute the authority shall try to amicably settle the dispute forthwith. If no settlement is arrived at between the parties, the matter shall be referred to the appropriate Labour Court or Industrial Tribunal.

Dated 19.1.2006



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