LAWS(J&K)-2008-7-23

DIRECTOR HORTICULTURE Vs. ASSISTANT LABOUR COMMISSIONER

Decided On July 04, 2008
Director Horticulture Appellant
V/S
ASSISTANT LABOUR COMMISSIONER Respondents

JUDGEMENT

(1.) THE petitioner has questioned the order/ award dated 27th of January, 2007 passed by Assistant Labour Commissioner, Anantnag, in a claim petition titled Mohammad Maqbool Mantoo Vs. Director Horticulture and another, on the grounds taken in the writ petition.

(2.) IN terms of CMP No.450/2007, the claimants -applicants before the Labour Court, came to be arrayed as parties in the array of respondents and it also came to be treated as reply to the writ petition.

(3.) MR . Aijaz, learned counsel for the respondents argued that writ petition is not maintainable because alternate efficacious remedy was available to the petitioner. While developing his arguments, he argued that the writ petitioner could have questioned the impugned award/ order by the medium of an appeal subject to depositing the entire awarded amount, to obtain a certificate and to annex it with the appeal.