Rajasthan High Court - Jaipur
Sheikh Nahidullah Khan Son Of Shri ... vs Rajasthan State Roadways Transport ... on 17 January, 2019
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writs No. 23865/2018
Sheikh Nahidullah Khan Son Of Shri Azizullah Khan, Resident Of
Village Mandawar, District Jhalawar.
----Petitioner
Versus
1. Rajasthan State Roadways Transport Corporation,
Parivahan Bhawan, Chaumu House, C-Scheme, Jaipur,
Rajasthan, Through Its Managing Director.
2. Chief Manager, Rajasthan State Roadways Transport
Corporation, Jhalawar Depot, Jhalawar.
----Respondents
For Petitioner(s) : Mr.Sameer Sharma For Respondent(s) :
HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA Judgment / Order 17/01/2019
1. The petitioner by way of this writ petition has assailed the orders dated 20.12.2017 and 8.6.2018 whereby he was terminated from service as a driver and appeal thereto was also rejected.
2. Admittedly, the petitioner is working as driver and being a workman, an alternate efficacious remedy is available to him to assail the orders before the concerned Labour Court under the Act of 1947. Hence the present writ petition is held to be not maintainable on account of aforesaid remedy. (Downloaded on 05/06/2021 at 09:28:18 PM)
(2 of 2) [CW-23865/2018]
3. However, if such a dispute is raised by the petitioner before the concerned Labour Court, same shall be treated as a final reference and shall be examined and decided on merits by the concerned Labour Court after following the due process of law.
The award shall be passed expeditiously but not later than ten months from the date thereof.
4. The writ petition is accordingly dismissed.
(SANJEEV PRAKASH SHARMA),J Sandeep/-26 (Downloaded on 05/06/2021 at 09:28:18 PM) Powered by TCPDF (www.tcpdf.org)