MADURA SUGARS STAFF UNION Vs. MADURA SUGARS MILLS

JUDGEMENT

(1.) THIS writ appeal has been filed against the impugned order of the learned single Judge, dated October 20, 2004.

(2.) WE have heard the learned counsel for appellants and have perused the impugned order. The appellants complained of violation of the provisions of Section 25-C of the industrial Disputes Act read with Section 25-M.

(3.) IT is well settled that if a workman complains of violation of a provision of the industrial Disputes Act he has to approach forum created by that Act, i. e. , either the labour Court or the Industrial Tribunal by raising an industrial dispute. In the present case, the appellants have riot raised an industrial dispute and straightway have approached this Court under Article 226 of the constitution of India. In our opinion, the writ petition itself should not have been entertained and should have been straightway dismissed on the ground of alternative remedy of raising industrial dispute as held by the Supreme Court in Uttar Pradesh State Bridge Corporation, ltd. , and others v. Uttar Pradesh Rajya Setu nigam S. Karamchari Sangh 2004 (4) SCC 268 : 2004-II-LLJ-9.