SHIVRAM SHUKLA Vs. DIVISIONAL MANAGER

JUDGEMENT

(1.) Heard on the question of admission.

(2.) This intra Court appeal under section 2(1) of Madhya Pradesh Uchcha Nyayalaya (Khand Nyayapeeth Ko Appeal), 2005, is preferred against the order of learned Single Judge dated 14.12.2010 in Writ Petition No. 17080/ 2010.

(3.) We are not impressed with the submission of learned counsel for the appellant for the reason that all the submissions involve disputed questions of fact which can only be determined after adducing evidence and therefore, cannot be gone into a petition under Article 226 of the Constitution of India. That apart, it is not in dispute that the appellant has a remedy under the Industrial Disputes Act and, thus, we cannot take a different view to that of learned Single Judge. It is settled law that where a remedy under the Industrial Disputes Act is available, the High Court is not justified in entertaining the writ petition. See A.P. Foods v. S. Samuel and others, 2006 5 SCC 469.