Rakesh Tiwari, J. - (1.) 1. Heard counsel for the parties and perused the record. The petitioner was appointed as Time Scale Clerk in the office of General Manager Telecom District Gorakhpur. Thereafter the said post was converted as T.O.A. After sometime he was promoted to the post of Senior T.O.A. It is averred in the writ petition that the petitioner was suspended vide order dated 28.10.1998 on certain charges. In the enquiry by the department he was found guilty of the charges and has been retired compulsorily from service vide order dated 21.11.2001 passed by the A.G.M. (Admn), Office of General Manager Telecom District Gorakhpur. Aggrieved by the aforesaid order of compulsory retirement, the petitioner filed an appeal before respondent no.3,Deputy General Manager Telecom District Gorakhpur which was also rejected vide order dated 28.6.2002. The petitioner has come up in this writ petition against the impugned orders dated 21.11.2001 and 28.6.2002.
(2.) The Standing Counsel submits that the petitioner has approached this Court without exhausting the alternative remedy available to him against the impugned orders before the Labour Court, which is not denied by the counsel for the petitioner.
(3.) The matter requires finding of facts by an industrial adjudication on the basis of oral and documentary evidence upon a reference made to it under the Industrial Disputers Act, 1947.;