EX ENGINEER, ELECTRIC Vs. FAYAZ AHMAD BABA
HIGH COURT OF JAMMU AND KASHMIR
Ex Engineer, Electric
Fayaz Ahmad Baba
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(1.) THIS petition has been submitted for consideration by the Registrar
Judicial without diarising the same, reason being the strike of the
Be registered and numbered in terms of High Court Rules.
1. The Authority under payment of Wages Act, Srinagar (for short Authority) having passed an award on 20/11/1999 against the Executive
Engineer Electric Maintenance Division, Ganderbal (petitioner herein) has
settled fact of employment, which is disputed through this writ petition
and in this factual background, the jurisdiction of the Authority is
questioned. No other point is canvassed.
(2.) WHETHER respondent has been in employment for the period, for which, wages have been allowed to the claimant, is purely a question of
fact, which has to be examined in the light of evidence adduced and
available, and in essence, the finding of fact is sought to be reversed
through this writ petition, notwithstanding the fact that the factum of
employment is admitted by the petitioner at page 2 of the writ petition,
of course, for a few months only. Be that as it may, the question, which
calls for an answer through this writ petition is:
Whether a finding of fact can be disturbed in writ proceedings,
when right of appeal is available?
(3.) AT the very outset, it needs to be noticed that the power of the court flows from the Constitution and there is nothing in the
Constitution, which would debar the court from exercising the power
unless a party has exhausted all alternative remedy does not oust the
jurisdiction of the court and the court is competent to exercise the
jurisdiction, where question of infringement of fundamental rights
arises, provided the impugned order is without jurisdiction or is
vitiated by an error of law apparent on the face of the record or is
contrary to natural justice, which is not true of the case in hand.
It appears that the petitionerâ„¢s attempt is to involve the court in examining the adequacy or sufficiency of evidence, on the basis
of which, finding of fact has been returned by the Authority. This
contention necessitates reappraisal of the evidence, which is not
possible in a writ petition. Moreso, the remedy of appeal being available
to the petitioner, the extra ordinary writ jurisdiction of the court can -
not be extended to the extent of disturbing a finding of fact in writ
proceeding. The question is answered accordingly.;
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