ANANT RAM Vs. P N B CIRCLE OFFICE, BIBHUTI KHAND THRU CIRCLE HEAD & ANR
LAWS(ALL)-2018-2-70
HIGH COURT OF ALLAHABAD
Decided on February 01,2018

ANANT RAM Appellant
VERSUS
P N B CIRCLE OFFICE, BIBHUTI KHAND THRU CIRCLE HEAD And ANR Respondents

JUDGEMENT

Ajai Lamba, J. - (1.) The petition seeks issuance of a writ in the nature of certiorari quashing order dated 1.5.2012 passed by respondent no.1 (Punjab National Bank) and order dated 31.1.2012 passed by respondent no.2 (Chief Manager, Disciplinary Authority, Punjab National Bank).
(2.) A reference to Annexures 1 and 2 would indicate that the employee Anant Ram was dismissed from service without notice on account of gross misconduct. It appears that Anant Ram preferred intra department appeal which has been dismissed vide Annexure-1.
(3.) The respondents Bank has filed a counter affidavit. Following are the contents of para 3 of the counter affidavit:- "3. That at the outset it is submitted that the Petitioner being a workman under the provisions of Industrial Dispute Act, 1947, has an alternative efficacious remedy under the provisions of the Industrial Dispute, 1947 to raise his alleged disputes relating to the Orders dated 31.01.2012 and 01.05.2012, before Central Government Industrial Tribunal under the provisions of the said Act. As such he cannot invoke extraordinary Writ Jurisdiction of the Hon'ble Court under Article 226/227 of the Constitution of India. The present petition is liable to be dismissed on this ground only.";


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