Madura Sugars Staff Union, Pandiyarajapuram v. Madura Sugar Mills (Rep. By Its Chief Executive), Pandiyarajapuram
2004-12-14
MARKANDEY KATJU, N.V.BALASUBRAMANIAN
body2004
DigiLaw.ai
Judgment :- MARKANDEY KATJU This writ appeal has been filed against the impugned order of the learned single Judge, dated October 20, 2004. We have heard the learned counsel for appellants and have perused the impugned order. The appellants complained of violation of the provisions of Section 25-C of the Industrial Disputes Act read with Section 25-M. It is well settled that if a workman complains of violation of a provision of the Industrial Disputes Act he has to approach forum created by that Act, i.e., either the Labour Court or the Industrial Tribunal by raising an industrial dispute. In the present case, the appellants have not raised an industrial dispute and straightway have approached this Court under Article 226 of the Constitution of India. In our opinion, the writ petition itself should not have been entertained and should have been straightway dismissed on the ground of alternative remedy of raising industrial dispute as held by the Supreme Court in Uttar Pradesh State Bridge Corporation, Ltd., and others v. Uttar Pradesh Rajya Setu Nigam S. Karamchari Sangh 2004 SC 179. For the reason given above, we set aside the order of the learned single Judge and we relegate the appellants to the alternative remedy under the Industrial Disputes Act. If the appellants approach the State Government with a request to make a reference under Section 10 of the Industrial Disputes Act, the State Government will decide whether to make a reference, preferably within three weeks of filing of the application after hearing the respondent. If the reference is made under Section 10 of the Act, we hope and trust that the Labour Court/Tribunal will decide the industrial dispute, preferably within four months thereafter, in accordance with law. With the above observation, the writ appeal is disposed off. Consequently, W.A.M.P. Nos. 7610 and 7611 of 2004 for injunction are closed.