SURJEET SINGH SINDHU Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The petitioner who is working as Attended Grade-II (Paricharak Category-II) (Line) with Chhattisgarh State Power Distribution Company Ltd. was imposed with punishment of stoppage of one annual increment without cumulative effect vide its order dtd. 14/3/2018, against which he has preferred an appeal before the Executive Engineer, City Division South, Chhattisgarh State Power Distribution Limited Company, Raipur who vide order dtd. 12/3/2020 has rejected the said appeal. The petitioner has filed the present writ petition assailing both the orders before this Court.

(2.) It is not in dispute that the Chhattisgarh State Power Distribution Company is Schedule industry as defined under the Chhattisgarh Industrial Relation Act., 1960. The respondent industry falls within item 3 of the Schedule as notified by the State of Chhattisgarh and the petitioner being an employee as defined 213 of the Chhattisgarh Industrial Relation Act. There is complete mechanism which has been prescribed under the Act of 1960 for redressing the grievance of the employees. As such, the petitioner being an employee and the respondent being schedule industry, the petitioner has efficacious alternative remedy of filing an application before the Labour Court which is available to him. Thus it is not in dispute that the petitioner has alternative efficacious remedy available to him. It is also not in dispute that disputed facts are involved in the case which cannot be adjudicated by this Court. The question with regard to maintainability of the writ petition under the Labour Law where disputed facts are involved has come up for consideration before the Hon'ble Supreme Court in case of Hindustan Steel Works Construction Ltd. And Another v. Hindustan Steel Works Construction Ltd. Employees Union {2005 6 SCC 725}, wherein Hon'ble Supreme Court has held in paragraph 8, which reads as under

(3.) The petitioner is aggrieved with the imposition of punishment which is defined in scheduled II of the Act for the subject on which the labour Court has jurisdiction to decide. The petitioner can very well file an application under Sec. 31 (3) of the Chhattisgarh Industrial Relation Act raising his grievances. Sec. 62 of the Chhattisgarh Industrial Relation Act provides commencement of proceedings and as per sec. 62(I) in respect of a dispute falling under clause (a) of paragraph (A) of sub sec. 1 of sec. 61 within two years from the date of the dispute. As per Sec. 61 of the Act, the labour Court shall have power to decide dispute regarding which application has been made to it under sub sec. 3 of sec. 31 of the Act. The punishment which has been imposed upon the petitioner falls within the item (1) of schedule II of the Act. The relevant provisions of the Act are extracted below:-