The High Court dismissed the writ petition for non-maintainability, directing the petitioner to approach the Labour Court under Section 10 of the Industrial Disputes Act, 1947.
Dismissal of the writ petition on the ground of non-maintainability due to availability of alternative remedy.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Civil Writ Petition No. 912/2021
Shantun Kumar S/o Shri Karanvir Singh, Aged About 31 Years, Resident Of Village Undesh, Fatehpur Sikari, Agra- 283110 (Up)
----Petitioner
Versus
----Respondents
For Petitioner(s) : Mr. Tanveer Ahamad For Respondent(s) :
HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA
Order
28/01/2021
Admittedly, the petitioner was working as Lab Technician and his services have been dispensed with orally.
Taking into consideration that alternative efficacious statutory remedy is available under Section 10 of the Industrial Disputes Act, 1947, the writ petition is dismissed on the ground of non-maintainability. If a dispute is raised before the Labour Court concerned, it shall entertain directly and proceed and decide the matter expeditiously preferably within a period of six months from the date of raising a dispute before the Labour Court.
(SANJEEV PRAKASH SHARMA),J
Anu /91
1 issue framed by the court
Whether the service dispute involving dispensation with services of a lab technician is maintainable as a writ petition or should be referred to the Labour Court.
1 provisions across 1 enactments
Shantun Kumar
State Of Rajasthan
Government Engineering College Bharatpur
Sanjeev Prakash Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
