MAHENDRAKUMAR RAVJIBHAI RATHOD Vs. STATE OF GUJARAT

JUDGEMENT

(1.) WE have heard Mr. Kishor M. Paul, learned counsel for the appellant and Mr. N. J. Shah, learned Assistant Government Pleader for respondent.

(2.) BY way of this Intra-Court Letters Patent Appeal, the appellant original petitioner has challenged the judgment and order dated 29.06.2004 passed by the Learned Single Judge in Special Civil Application No.7355 of 2004 by which the Learned Single Judge has dismissed the writ petition by holding that the appellant has alternative efficacious remedy of raising Industrial Dispute.

(3.) WE have gone through the impugned order of the Learned Single Judge. The Learned Single Judge has specifically observed that there are large number of disputed questions of fact involved in the petition and therefore the writ petition would not be a proper remedy. Hence, while holding that the appellant has alternative efficacious remedy of raising Industrial Dispute, the Learned Single Judge has dismissed the writ petition. It is no doubt true that alternative remedy is no bar, but where there are disputed questions of fact involved, in such a situation, the finding of fact cannot be recorded by the High Court and it has to be recorded by some other Court or Tribunal.