Nek Mohmmad v. The Chief Manager (Electrical And Machanical) Secl

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 627 of 2019 Nek Mohmmad S/o Late Shri Baitullah, Aged About 59 Years, R/o Koriya Colliery, Police Station- Chirimiri, District- Koriya, Chhattisgarh. ---Petitioner

Versus

1. The Chief Manager (Electrical And Machanical) Secl Through Secl, Regional Workshop, Korea Colliery, Chirimiri Area, District- Korea, Chhattisgarh.

2. The General Manager, Through Secl, Chirimiri Area, Po.- West Chirimiri Colliery, District- Korea, Chhattisgarh.

---Respondents For petitioner :

Shri Bishnu Muni, Advocate.

For respondents :

Shri Vinod Deshmukh, Advocate.

Hon'ble Shri Justice P. Sam Koshy Order on Board 31/01/2019 1.

The present Writ Petition has been filed seeking for quashment of the impugned order of termination dated 27/04/2016. 2.

Perusal of the pleadings of the Writ Petition itself show that, the petitioner has already availed the alternative remedy of approaching the forum under the Industrial Dispute Act. The petitioner's case already stands pending adjudication before the Central Government Industrial Tribunal - cum Labour court, Jabalpur where the case has been registered as Case - No. CGIT/LC/RC/4/17 where the petitioner and the respondents have already submitted their statement of claim and written statement also.

3.

Given the fact that, the case of the petitioner is already under consideration before the Tribunal, this Court is of the opinion that, the instant Writ Petition at this juncture would not be maintainable and the same deserve to be and is accordingly rejected.

4.

It is expected that the Tribunal considering the fact that it is a case of termination from service may decide the case at the earliest. 5.

The Writ Petition accordingly stands disposed off. Sd/- (P. Sam Koshy) Sumit JUDGE