Arijit Pasayat, J. - (1.) Appellant (hereinafter referred to as the employer) calls in question legality of the judgment rendered by a Division Bench of the Allahabad High Court dismissing Special Appeal filed by the appellant. The Special Appeal was filed by the appellant questioning correctness of the judgment rendered by a learned Single Judge who had questioned the orders of termination in respect of respondents Nos. 1 and 2.
(2.) The main stand of the appellant before the High Court was that the writ petition filed by the respondents should not be entertained as they had efficacious, alternative and statutory remedy provided under the Industrial Disputes Act, 1947 (in short the Act) read with U.P. Industrial Disputes Act, 1947 (in short the U.P Act).
(3.) The background facts are as follows: The respondents while working in the appellants concern made claims of 15% of the basic pay as an interim relief as was being paid to the officers and clerical staff at the Headquarters of the appellants, concern, as according to them there was no justifiable reason for refusing the said relief to the staff at some units. The writ petition was filed (including amended prayers), inter alia, with the following prayers: (a) to issue a writ, order or direction restraining the respondents from transferring, terminating the services of the petitioners and harassing and causing any harm to petitioners; (b) to issue a writ, order or direction directing the respondents to pay 15% of the basic pay as interim relief and fixed D.A. of Rs. 100/- to the clerical staff of the Maunath Bhanjan Unit Mills; (c) to issue any other suitable writ, order or direction which this Honble Court may deem fit and proper in the circumstances of the case; and (d) to award costs of this writ petition to the petitioners against the contesting respondents. ;