ROSHAN LAL Vs. RAJ. HOUSING BOARD

JUDGEMENT

(1.) THIS intra -court appeal has been filed by appellant -petitioner assailing the order of learned Single Judge dated 18th September, 2012 passed on the misc. application filed for recalling of order dated 4th January, 2006 and review order dated 12th October, 2006 after the special appeal preferred against the aforementioned orders came to be dismissed in D.B. Special Appeal (Writ) No. 1330/2006 vide judgment dated 7th February, 2007. As it reveals from the record, the appellant -petitioner initially joined services as Junior Assistant in April, 1980 and was promoted to the post of Junior Accountant in January, 1992. For the alleged delinquency committed by him, the appellant -petitioner was charge sheeted and finally he was dismissed from service vide order dated 3rd January, 2003 and the departmental appeal preferred by appellant -petitioner also came to be dismissed vide order dated 18th June, 2004, that came to be challenged by the appellant -petitioner by filing Civil Writ Petition No. 4551/2004 which was dismissed vide order dated 4th January, 2006 on the preliminary objection raised by the respondent that since he has got an efficacious alternative remedy of raising an industrial dispute before appropriate forum, no interference is called for by the court under Article 226 of the Constitution. As it further reveals from the record, against the order dated 4th January, 2006, the appellant -petitioner preferred D.B. Special Appeal (Writ) No. 116/2006 that he withdrew on 11th September, 2006 and thereafter appellant -petitioner filed a review application before the Single Bench of this court and that came to be rejected on 12th October, 2006 against which a composite Special Appeal (Writ) No. 1330/2006 was preferred by the appellant -petitioner that was dismissed on 7th February, 2007.

(2.) DURING intervening period, the appellant -petitioner approached the Conciliation Officer and after a failure report was sent by him, the matter was referred by the appropriate Government which is pending adjudication before the Labour Court being LCR No. 38/2011. Pending dispute before the learned Labour Court, appellant -petitioner was advised to file application for recalling of both the orders dated 4th January, 2006 and 12th October, 2006 and that came to be rejected by the learned Single Judge vide order dated 18th September, 2012.

(3.) THE appellant -petitioner submits that he must have at least some remedy under the law against impugned action of the respondents but the respondents are raising two diametrical opposite pleas at both the places and if that is being permitted, the appellant -petitioner would remain remediless and would not be permitted to get his grievance ventilated in any of the forum available to him.