DHARAMBIR Vs. HARYANA STATE ELECTRICITY BOARD

JUDGEMENT

(1.) The petitioners joined the service of the Haryana State Electricity Board as Helpers on March 4,1982 and August 1; 1980 respectively. They claim that a false case under sections 380 and 457 of the IPC was registered against them on June 3,1984. On this premises, it is alleged that their services were terminated without affording them any opportunity. The petitioners were acquitted of the criminal charge on April 28,1989, Immediately, they approached the Board for reinstatement. Having failed to get the requisite relief, they have approached this Court through the present petition.

(2.) On behalf of the respondents it is pointed out that regular charge-sheets have been issued to the petitioners on March 1,1985 and January 14,1985. As the petitioners had remained absent since June, 1984, the respondents claim that they will be deemed to have abandoned their jobs.

(3.) Admittedly, the parties are at variance on facts. The petitioners claim that their services were terminated while the respondents claim that they had remained absent it would be necessary for the parties to adduce evidence. Keeping in view the ratio of Pull Bench Judgment in Manohar Lal vs. State of Punjab and another, 1983 LabIC 1783 it will be appropriate to relegate the petitioners to the alternative remedy before the Labour Court. They may, thus, approach the Labour Court for the redressal of their grievance. The fact that the petitioners had been pursuing their remedy before this court, after their acquittal from the Court shall be kept in view by the appropriate authority while examining the question of delay in seeking a reference. With these observations, the writ petition is dismissed. No costs.