- (1.) HEARD Sri K. N. Mishra, counsel for the petitioner, Sri V. K. Singh. Counsel for the respondents and perused the record. Case of the petitioner is that while he was working as Driver in the respondent-Corporation, he was placed under suspension in contemplation of departmental enquiry vide order dated 8. 1,2003. After conclusion of enquiry, he was served with a show cause notice dated 2. 8. 2003 to explain as to why he should not be dismissed from service. Reply to the aforesaid show cause notice was submitted on 19. 8. 2003. Thereafter, he has been dismissed by the impugned order dated 22. 11. 2005. Statutory appeal of the petitioner has also been rejected vide impugned order dated 19. 8. 2006.
(2.) AGGRIEVED by the order of dismissal dated 22. 11. 2005 and rejection of appeal dated 19. 8. 2006, the petitioner has invoked the writ jurisdiction by means of the instant writ petition. The questions of facts involved in this writ petition require adjudication of facts by appraisal of documentary and oral evidence. It is not feasible for the high Court to take oral and documentary evidence under Article 226 of the Constitution and adjudicate by stepping into the shoes of a Labour Court/industrial Tribunal. These forums have been created with specific object to deal with such matters requiring findings of facts. The questions as to whether order of dismissal and order of rejection of his statutory appeal are erroneous or not, are mixed questions of fact and law which can be decided only after consideration of oral and documentary evidence which may be led by the parties before the Labour court or the Industrial Tribunal, as the case may be.
(3.) IT is the consistent view of Hon'ble the Supreme court in Hindustan Steel Works Construction Ltd. , and another v. Hindustan Steel Works Construction ltd. , Employees' Union, 2005 (106) FLR 998 (SC): 20005 LLR 1025 (SC), and U. P. State Spinning Co. Ltd. v. R. S. Pandey and another, (2005) 107 FLR 729, that in case alternate and efficacious remedy is available it should not be bye-passed and writ petition should not be normally entertained by the high Court under Article 226 of the Constitution of india and the petitioner has to approach this Court after availing alternate remedy.;