J.M.L.Sinha, J. - (1.) This is a writ petition filed under Article 226 of the Constitution assailing the order dated 11th October, 1977 by which the petitioners have been retrenched.
(2.) The facts giving rise to this petition can, briefly be stated as under: The petitioners were employees of U. P. Stale Electricity Board, Harduaganj Store Purchase Division, Stage 4, Qasimpur Power Houses, Aligarh. On 11th October, 1977 they were served with a notice that their services shall stand terminated w.e.f. 15th November, 1977. The petitioners stand is that by that time, each one of them put in 12 to 15 years of services, that no regulation had been framed prescribing the age of retirement and, consequently they had a right to continue in service; that they were workmen within the meaning of that expression as defined in the Industrial Disputes Act, and the order terminating their services is illegal being in violation of Section 6N of the U. P. Industrial Disputes Act. The petitioners have accordingly prayed that the order dated 11th October, 1977 (Annexure "I" to the writ petition) be quashed and a direction be issued to the respondents not to terminate the petitioner's services in pursuance of the aforesaid order.
(3.) The petition has been opposed on behalf of the respondents. Apart from the other contentions, it was also urged on their behalf that the petition is not maintainable because the petitioners had an alternative remedy of getting a reference made under Section 4K of the Industrial Disputes Act and the petitioners did not make use of that alternative remedy.;