D.S.Sinha - (1.) -This petition is directed against the award of the Central Government Industrial Tribunal-cum-Labour Court, Kanpur, dated 25-2-1986, passed in Industrial Dispute Case No. 47 of 1984, in the matter of dispute between Sri Parmeshwari Prasad C/o Secretary All India Postal Employees Union Class-Ill MDAS Allahabad and the Senior Superintendent of Post Offices, Allahabad published in the Gazette of India dated 13th March, 1986 in pursuance of section 17 of the Industrial Disputes Act, 1947.
(2.) FROM the averments made in paragraphs 25 and 27 of the petition, it transpires that the aforesaid award was challenged earlier also by means of Writ Petition No. 10904 of 1986, Union of India v. All India Postal Employees, filed in this Court under Article 226 of the Constitution of India and the same was dismissed on 31st March, 1987. A true copy of the said order dated 31st March, 1987 is the XII Annexure to the instant petition. Rule 7 of Chapter XXII of the Rules of Court, 1952, bars second writ petition on the same facts. The said rule is reproduced below : "No second application on same facts where an application has been rejected, it shall not be competent for the applicant to make a second application on the same facts. " It can not be disputed that this writ petition is a second application on the same facts upon which was founded the writ petition no. 10904 of 1986 and as such it would be incompetent.
(3.) SRI K.C.Sinha, learned counsel for the petitioner, invites the attention of the Court to an order passed by the Hon'ble Supreme Court dated 22nd April 1988, passed on the petition for special leave to appeal no. 1680 of 1988, against the judgment and order of the Central Administrative Tribunal, Allahabad, dated 14th October, 1987, approving the same and observing as follows : ".........it is open to the petitioner to persue remedy available under the law against the order of the High Court as well as against the award of the Labour Court.........." Relying upon the above observation Sri Sinha contends that this petition would be maintainable. The contention of Sri Sinha can not be accepted. The Hon'ble Supreme Court has permitted only the "remedy available under the law". Against the award of the Labour Court remedy available to the petitioner was by way of writ petition under Article 226 of the Constitution of India and the petitioner availed the same by filing writ petition no. 10904 of 1986 which was dismissed by this court on 31-3-1987. The judgment and order dated 31st March, 1987 is open to challenge in appeal before the Hon'ble Supreme Court, if Special Leave to appeal is granted. So far this Court is concerned it is precluded from entertaining this writ petition, which is second on the same facts, in view of the judgment and order of 31st March 1987 dismissing the first petition. Obviously, the observation of the Hon'ble Supreme Court, quoted above, does not appear to have the effect of nullifying the judgment and order dated 31-3-1987, in as much as, it was not the subject matter of challenge in the petition for leave to appeal.;