(1.) This Letters Patent Appeal arises out of an order dated 23rd May 2000 passed by a learned Single Judge of this court whereby and thereunder the writ petition filed by the appellant herein was dismissed summarily on the ground that he had an alternative remedy under the Industrial Disputes Act, 1947 thereinafter called "the Act" for short).
(2.) The admitted fact of the matter is as under: The appellant was served with a charge-sheet on 15th December 1992. A departmental enquiry was held thereinto leading to his termination from service An application under Section 33(2)(b) of the Act was filed by the respondent which was marked as OP No. 135/93 and by an order dated 27th May 1999, the learned tribunal dismissed the said application holding:
(3.) It stands admitted that despite the said order the appellant was not reinstated in service nor was he paid his back wages. He thereafter filed the afore-mentioned writ petition. In the said writ petition, a contention was raised on behalf of the respondent that the appellant had a remedy by filing a complaint petition under Section 33(a) of the Act.