AMARJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Plaintiff Amarjit Singh, who was employed as Conductor in the Punjab Roadways, was charge-sheeted for misconduct and vide order dated August 6, 1976 his services were terminated. Against the termination of his services, he filed an appeal before the department-Appellate Authority and his appeal was dismissed. After dismissal of the appeal, the appellant issued a demand notice dated February 10, 1978, pursuant to which conciliation proceedings were held. However, ultimately on September 21, 1978 the Government declined to make the reference. The appellant filed the present suit on August 21, 1978 praying therein that his termination orders be set aside. Both the trial Court as well as the .lower appellate Court have dismissed the suit and the subsequent appeal of the appellant, on the ground that since the appellant had already chosen a particular forum, i. e., the Labour Court, therefore, now he is estopped from agitating the same matter before the civil Court, thus, both the Courts below have non-suited the appellant on the ground that jurisdiction of the civil Court is barred under such circumstances.

(2.) The sole question that arises in the present case is: When a person seeks remedy under a particular Act and on the declining of the relief under the said Act, can he prefer the same relief before the Civil Court?

(3.) Mr. Arun Palli, learned counsel for the appellant, contended that merely electing a remedy would not tantamount to availing or exhausting it under the Act and, therefore, the declining of the reference to the Labour Court would stop the appellant from moving the Civil Court. On the other hand, the stand taken on behalf of the appellant had been controverted by Mr. J.S. Bedi, Assistant Advocate General, appearing on behalf of the State. Mr. Bedi has relied upon the observations of the lower appellate Court made in para No. 14 of the judgment in order to contend that once the appellant had chosen a particular forum, then he could not seek the remedy under the civil Court.