RAM LAKHAN PATEL Vs. I T I LTD

JUDGEMENT

(1.) SUDHIR Narain, J. This writ peti tion is directed against the order dated 28-10-1997 passed by the Chief Personnel Manager, I. T. I. Ltd. , Naini, Allahabad, Respondent No. 2, dismissing the petitioner from service.

(2.) THE petitioner was employed as Class IV employee categorised as Senior Technical Assistant (F Category) in I. T. I. Ltd. , Naini, Allahabad. He was suspended on certain charges on 5-10-1997. On 8-10- 1997 he was given a charge-sheet. THE suspension order was, however, revoked on 18-10-1997. THE petitioner was again charge-sheeted on 20-10-1997 and again suspended on 21-10-1997.

(3.) A preliminary objection has been taken that the petitioner has an alternative remedy to raise industrial dispute under the provisions of U. P. Industrial Disputes Act, 1947. In support of his contention, learned Counsel for the respondents has placed reliance upon the decision of the Full Bench in Chandrama Singh v. Manag ing Director U. P Co-operative Union and Ors. , 1991 (63) FLR 478, wherein it was held that if a workman is retrenched in violation of Section 25-F of the Industrial Disputes Act, 1947 or Section 6-M of the U. P. Industrial Disputes Act, 1947, the workman has adequate and efficacious al ternative remedy by raising industrial dis pute and the High Court should not enter tain writ petition against the order of retrenchment in its extraordinary jurisdic tion under Article 226 of the Constitution of India.