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2016 DIGILAW 1019 (ALL)

Ravi Kant v. State of U. P.

2016-03-18

ASHWANI KUMAR MISHRA

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JUDGMENT Ashwani Kumar Mishra,J. Petitioner is aggrieved by the order of dismissal passed against him essentially on the charge that petitioner, who is a Conductor was carrying passenger without ticket. 2. Various factual issues are sought to be raised in order to contend that the finding returned against the petitioner is vitiated. 3. Shri M.P. Rai, learned counsel for the respondents submits that the factual issues raised can more appropriately be examined by the industrial forum, at the first instance, where evidence including oral evidence etc. can be led. 4. Having heard learned counsel for the parties, I am of the opinion that the nature of dispute, which is sought to be raised by the petitioner can more appropriately be gone into by the industrial adjudicator, at the first instance, particularly, in view of the jurisdiction conferred upon it under Section 11-A of the Act. 5. Writ petition, consequently, is not entertained, leaving it open for the petitioner to approach the industrial adjudicator. 6. It is, however, provided that in case the petitioner approaches the appropriated Government for making of a reference along with certified copy of this order, the authority concerned, shall proceed with all expedition to make a reference and the industrial adjudicator is also requested to dispose of the proceedings, at the earliest possible. 7. Subject to the observations made above, the writ petition fails and is dismissed.