Dismissed

Kailash Chand S/O Shri Birdu Ram v. Union of India

Rajasthan HC10 Dec 2019CW/6947/2019

Case brief

AI extract

What is this about?

The High Court dismissed a writ petition challenging the petitioner's termination as a workman. Recognizing that statutory remedies under labor law are available and effective, the Court denied intervention and directed the petitioner to approach the Labour Court, with liberty to file the dispute within one month.

What did the court decide?

Petitioner directed to prefer dispute before Labour Court within one month; writ petition dismissed.

Kailash Chand S/O Shri Birdu Ram Vs Union of India — Service and Employment | Rajasthan HC (2019)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Writ Petition No. 6947/2019

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Kailash Chand S/o Shri Birdu Ram, Aged About 38 Years, Resident Of Mukam Post Manota Kalan, Khetri Nagar, Village, Manota Khurd, Tehsil Khetri, Distt. Jhunjhunu (Raj.)

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----Petitioner

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Versus

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Union Of India, Through Secretary, Ministry Of Mines, New Delhi.

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Hindustan Copper Limited, Through Chairman-CumManaging Director, Tamra Bhawan 1-Ashutosh Chaudhary Avenue, Kolkata.

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Hindustan Copper Limited, Through General Manager, Khetri Copper Complex, Khetri Nagar, Jhunjhunu

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----Respondents

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For Petitioner(s)	: Mr. Ajay Chaudhary
For Respondent(s)	: Mr. Ashwini Jaiman

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HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA

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Judgment / Order

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10/12/2019

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Admittedly, the petitioner is holding the post of Loader cum Loco Assistant (Trainee) which comes within the definition of workman and the petitioner is challenging the termination and submits that enquiry was not conducted. These aspects can be examined by the concerned Labour Court if a dispute is raised before it in relation to termination.

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In view thereof as there is a statutory, effective, efficacious remedy available with the petitioner, this writ petition is dismissed with liberty to prefer the dispute before the Labour Court which shall be directly entertained by the concerned Labour

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(2 of 2)

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[CW-6947/2019]

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Court if the same is filed within a period of one month. The Labour Court would proceed and is expected to decide the dispute expeditiously but not later than a period of one year.

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(SANJEEV PRAKASH SHARMA),J

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Sunita Kanwar /190

Kailash Chand S/O Shri Birdu Ram v. Union of India

Case brief

What is this about?

What did the court decide?

Kailash Chand S/O Shri Birdu Ram v. Union of India

Case brief

What is this about?

What did the court decide?

What the court decided

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