Pramod Kumar Sahni and others vs State OF U.P.and others

R. A. Sharma, J.—Appellants, who are Workmen, working in Distillery known as M/s Bajaj Hindustan Ltd. Gola Gokaran Nath, district Kheri, filed a writ petition, challenging the lay off declared by the employer. This writ petition has been dismissed by the learned Single Judge on the ground of alternative remedy of reference of dispute under the U. P. Industrial Disputes Act. Being aggrieved, the appellants have filed this appeal.

Contention of the learned counsel for the appellants is that lay off declared by the employer is unjustified and illegal, because there are two factories, namely, sugar mill and distillery run by the employer, which constitute one unit and one of which (sugar mill) is still working. The question as to whether the sugar mill and the distillery constitute one unit or not is a question of fact. For Such a dispute this Court under Art. 226 of the Constitution is not the proper forum.

That apart, appellants claim to enforce their right under the Industrial Disputes Act. If the Act creates right, and also creates forum for enforcing of rights and the obligations created thereunder, the person aggrieved has to approach such a forum for redressal of his grievance. It is not open to such a person to rush this Court without exhausting remedies provided under the Act. A full Bench of this Court in the case of Chandrama Singh v. Managing Director, U. P Cooperative Union (1991 (2) UPLBEC 898) has laid down that it is not open to any person to file writ petition under Article 226 of the Constitution for enforcing the rights and obligation under the Industrial Disputes Act unless he pleads and proves that the remedy of reference before the Labour Court/Industrial Tribunal is not efficacious. In the instant case it has not been done. Vague allegations cannot be the grounds for entertaining this writ petition. Appellants have alternative efficacious remedy of reference before the Labour Court Industrial Tribunal. The writ petition was, as such, rightly dismissed.

This appeal is accordingly dismissed. It will be open to the appellants to approach the Government for making reference to Labour Court/Industrial Tribunal, and if such a request is made, the Government shall pass appropriate order within a period of three months from the date of presentation of certified copy of this order before it.

(Appeal Dismissed).