R.A. Sharma, J. - (1.) Petitioner claims to be Trade Union. It has filed this writ petition praying for a mandamus, directing the respondents No. 1 and 2 to comply with the award of the Labour Court, dated 27-3-1993 and to pay the arrears of salary to the workmen in accordance therewith.
(2.) If the award had not been complied with so far, it is indeed unfortunate ; but the remedy for enforcement of such an award is provided in Industrial Disputes Act itself. As the Industrial Disputes Act itself provides procedure for enforcement of award, it is not open to the petitioner to approach this Court under Article 226 of the Constitution of India before exhausting the remedies under the above Act. In this connection reference may be made to the decision of the Supreme Court in the case of Assistant Collector of Central Excise v. Dunlop India Ltd., AIR 1985 SC 330, wherein it was laid down as under:- "Article 226 is not meant to short circuit or circumvent statutory procedures. It is only where statutory remedies are entirely ill-suited to meet the demands of extraordinary situations, as for instant where the very vires of the statute is in question or where private or public wrongs are so inextricably mixed up and the prevention of public injury and the vindication of public require in that recourse may be had to Article 226 of the Constitution."
(3.) In view of the above, this writ petition is disposed of. The workmen will have liberty to take appropriate action for enforcement of the award in accordance with the provisions of the Industrial Dispute Act. Decided accordingly.;