K MUTHU Vs. LABOUR OFFICER

JUDGEMENT

(1.) THE petitioner is before this Court with a wrong reason. Earlier, the petitioner, who was employed by a Cooperative Society filed a Writ Petition before this Court being W.P.No.7570 of 2002 challenging an order of termination. However, the said Writ Petition was heard along with another Writ Petition and disposed of by a common order dated 17.3.2011. M.M.Sundaresh,J, while disposing of the said Writ Petitions gave liberty to the petitioner to move the appropriate forum, instead of filing a Writ Petition against the Cooperative Society. THE learned Judge in the course of the order observed that the petitioner has right of filing a revision under Section 153 of the Tamil Nadu Cooperative Societies Act and disposed of the Writ Petitions with liberty. At the same time in paragraph 2 of the order, the learned Judge held that the liberty is given to the petitioners to approach the appropriate authority under Section 153 of the Act.

(2.) THE petitioner on being advised instead of moving the revisional authority raised an industrial dispute under Section 2-A(2) of the Industrial Disputes Act before the Labour Officer Circle-III, Chennai. THE Labour Officer instead of entertaining the application found that the liberty was only given to move the revisional authority under the Tamil Nadu Cooperative Societies Act and therefore after availing the remedy as per the orders passed by this Court and still if there is any necessity, a dispute can be raised. Challenging the order of the Labour Officer in declining to initiate conciliation proceedings, the Writ Petition came to be filed.

(3.) WHEN there are several forums open to the petitioner, it is for him to elect the forum and the Court cannot thrust any forum on the worker. Once it is held that the Writ Petition is not maintainable, then the choice of forum is left open to the workman concerned. In respect of the workman employed in the Cooperative Society, he has several forums and it is for him to work out his remedy before the appropriate forum of his choice.