Court No. - 13
Case :- WRIT - A No. - 16289 of 2007 Petitioner :- Virendra Kumar Tiwari Respondent :- State Of U.P. & Others Counsel for Petitioner :- Shatrughan Singh,Ambrish Singh Counsel for Respondent :- C.S.C.,S.N. Singh
Hon'ble Ajit Kumar,J.
List is being revised. No one has put in appearance on behalf of the petitioner to press this writ petition. However, Sri Vivek Kumar Sharma, Advocate holding brief of Sri Shiv Nath Singh, learned counsel for the respondents is present.
By means of this writ petition, the following relief has been made:
"a. Issue a writ, order or direction in the nature of mandamus commanding the respondents particularly respondent no. 3 The Managing Director, U.P. Handloom Corporation Limited, Kabir Bhawan, Kanpur, to not give effect upon the LAYOFF order dated 25.04.2004 (Annexure No. 4) and direct to reinstate the petitioner in his post and regularization the services of the petitioner. "
I have examined the pleadings and the record. The learned counsel for the respondent also submits that it is in effect a writ petition directed against a lay off for which an appropriate remedy is to raise an industrial dispute. I also find myself in complete agreement with the argument advanced by the learned counsel for the respondents that the petitioner has an alternative remedy to raise an industrial dispute, as admittedly, he is a workman.
In view of the availability of alternative remedy, the writ petition is not entertainable and in the event the petitioner is so advised, he may raise industrial dispute. Writ petition is dismissed on the ground of alternative remedy.
Order Date :- 25.4.2018 IrfanUddin