AZHAGIRI Vs. MANAGING DIRECTOR

JUDGEMENT

(1.) THE Chief Justice: by this writ petition, the petitioner seeks a Writ of Mandamus, directing the respondents to pay a sum of Rs. 1,56,000/- in terms of the award passed by the Labour Court in Claim Petition No. 52 of 2001.

(2.) IT appears that the Labour Court has passed an award in favour of the petitioner in C. P. No. 52 of 2001. If that is so, the petitioner is having an alternative remedy of filing an application under Sec. 33c (1) of the Industrial Disputes Act before the appropriate Government or make an application under Sec. 33c (2) of the said Act before the Labour Court. Instead of exhausting that remedy, petitioner has approached this Court. We are of the opinion that the writ petition is liable to be dismissed on the ground of availability of adequate alternative remedy under the Industrial Disputes Act.

(3.) WE may mention here that the stand of the respondent Mill is that it had settled the entire monetary terminal benefits to 437 workers, including the petitioner herein and there are no other dues to any workman. However, we do not make any comment on the stand taken by the respondent Mill as to whether the stand is correct or not because that is for the appropriate Government or the Labour Court to decide after hearing the parties concerned in the event the petitioner approaches the said authorities. With these observations, the writ petition is dismissed.