IQBAL SINGH Vs. P O LABOUR COURT

JUDGEMENT

(1.) After being unsuccessful in seeking remedy from the Civil Court, petitioner has now taken recourse to the provisions of the Industrial Disputes Act (hereinafter referred to as "the Act"). The petitioner was working as a conductor in the Punjab Roadways. He was charge-sheeted and after the enquiry he was found guilty and was dismissed from service. He was dismissed on January 2, 1984. He filed departmental appeal which was dismissed on July 19, 1985. He filed a Civil suit for declaration challenging order of dismissal. The suit was dismissed on May 30, 1986. He filed an appeal before the District Judge which was dismissed on April 1, 1987. Against that order, Regular Second Appeal No. 2304 of 1987 was filed in this Court. The R.S.A. was also dismissed on September 15, 1987. Thereafter he raised an industrial dispute. The dispute was referred to the Labour Court by notification dated September 17, 1996. The reference was made to the Labour Court who held that the petitioner was debarred from agitating the dispute after he had failed in the Civil Courts.

(2.) Being aggrieved by the award of the Labour Court, the petitioner has filed this writ petition.

(3.) Learned counsel for the petitioner argued that the Civil Court had no jurisdiction to grant relief of reinstatement and therefore, the denial of the relief by the Civil Court will not come in the way of entertaining the industrial dispute, because the decision of the Civil Court cannot be said to be decision of the competent Court.