LAWS(J&K)-1990-12-10

MOHD HAFIZ Vs. MANAGING DIRECTOR

Decided On December 21, 1990
MOHD HAFIZ Appellant
V/S
MANAGING DIRECTOR Respondents

JUDGEMENT

(1.) THE petitioners are office -bearers of the workers Union of the Government silk weaving Factory, Rajbagh Srinagar, duly registered and challenge an order of their suspension No. GSWF/Adm/ 166568/88 dated 15 -10 1988 passed by respondent No. 2 (Annexures 2, 3, and 4 to the writ petition), seeking a writ of certiorari to quash the same and a mandamus for release of subsistence allowance in their favour.

(2.) THE respondents have contested the petition and raised the objection that writ petition is non -maintainable against an order, of suspension duly passed by the respondents pending enquiry against the unruly conduct of the petitioners and not as a measure of punishment. Moreover, the petitioners workers have alternative remedy available under the Industrial Disputes Act to seek a reference for redressal of the dispute raised.

(3.) DUE to non -availability of counsel to the respondents at the hearing stage, both the parties have filed written arguments.