MANOJ KUMAR PANDEY Vs. BHARAT COKING COAL LTD

JUDGEMENT

(1.) The petitioner, who was a workman of M/s. Bharat Coking Coal Limited (hereinafter referred to as the management) has filed this writ petition challenging the order of termination of his service by the management after holding domestic enquiry.

(2.) A Full Bench of this Court in Dinesh Prasad and Ors. v. State of Bihar and Ors., (1985-I-LLJ-343) has held that the statutory reference of an industrial dispute under the Industrial Disputes Act (hereinafter referred to as the Act) is an adequate and efficacious legal remedy for the enforcement of the rights/obligation created under the Act and the person aggrieved must exhaust the remedies available under the Act before seeking relief in the writ jurisdiction unless there are exceptional circumstances warranting interference by this Court under Article 226 of the Constitution of India at the threshold.

(3.) The Supreme Court in the Rajasthan State Road Transport Corporation and Anr. etc. v. Krishna Kant etc., (1995-II-LLJ-728) (SC), has in this connection laid down as under--