KRISHNA KUMAR PANDEY Vs. REGIONAL MANAGER U P S R T C ALLAHABAD
LAWS(ALL)-2002-8-81
HIGH COURT OF ALLAHABAD
Decided on August 12,2002

KRISHNA KUMAR PANDEY Appellant
VERSUS
Regional Manager U P S R T C Allahabad Respondents

JUDGEMENT

RAKESH TIWARI, J. - (1.) HEARD the learned Counsel for the parties and perused the records.
(2.) ADMITTEDLY the petitioner is a workman and the dispute in this case regarding suspension cannot be decided without going into findings of fact. This matter can only be adjudicated after taking oral as well as documentary evidence, which can only be done by the labour Court. The petitioner has an alternative and efficacious remedy to raise the dispute before the Labour Court as has been held in Chandrama Singh v. Managing Director, U.P. Co -operative Union Lucknow and others, 1991 U.P. L.B.E.C. 898.
(3.) IN view of the facts stated above, the writ petition is disposed of with the direction to the Conciliation Officer to refer the dispute within one month under U.P. Industrial Disputes Act to the labour Court. The labour Court will fix a date for R.D.I. within six weeks from the date of receipt of reference. Thereafter the case will proceed on day -to -day basis under Rule 12(7) of the U.P. Industrial Disputes Rules 1957 and shall be decided expeditiously within a period of three months from the date of receipt of reference.;


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