Sivaraman Nair, J. - (1.) Petitioner was an employee in the Andhra Pradesh State Road Transport Corporation. Employer terminated his services as a result of disciplinary proceedings dated 2.4.1986. At that time I.D. No. 264/85 was pending before the Labour Court. Petitioner was admittedly concerned with that dispute. Employer terminated his services without complying with section 33(2)(b) of the Industrial Disputes Act. Employee filed W.P. No. 4176/86, seeking a declaration that the order of removal passed by the 2nd respondent in proceedings No. Steno/89(1)84-NRML, dated 2.4.1986, against him is illegal, unjust and contrary to law, without jurisdiction and in violation of section 33(2)(b) of the Industrial Disputes Act. Employer resisted the same and filed counter-affidavit stating that the petitioner had an alternative remedy of filing an application under section 33-A of the Industrial Disputes Act and therefore the Writ Petition could not be entertained. Respondent defended removal of the petitioner on merits and also submitted that I.D. 264/85, during the pendency of which petitioner was removed from service, was initiated by the petitioner himself after the commencement of disciplinary proceedings against him and he should not be allowed to take advantage of the pendency of dispute which has by now been terminated.
(2.) Our learned brother Ramanujulu Naidu, J. who heard the matter adverted to the case of the respondents that the only remedy provided under the Act for contravention of the provisions of Section 33 of the Act, is under Section 33-A of the Act, and referred that question to a Bench, in view of its frequent occurrence and its general importance. That is how this Writ Petition has now come up before us.
(3.) We have no doubt that the ordinary remedy of a workman, who complains of contravention of section 33 of the Industrial Disputes Act (hereinafter referred to as the 'Act') is to file a complaint under section 33-A of the Act, before the Labour Court/Tribunal or National Tribunal, and if such a complaint is filed, the same shall be treated as if it were a dispute referred to or pending before it and adjudicate upon it by the concerned Tribunal/Labour Court or National Tribunal, in accordance with the provisions of the Act. The Tribunal is also obliged to submit its award to the appropriate Government and all the provisions of the Act shall apply to the proceedings and the award. It is evident that the remedy provided under section 33-A of the Act is an efficacious alternative remedy, since ordinarily the Section 33-A proceedings should be disposed of expeditiously. Ordinarily therefore a workman complaining of violation of the provisions of section 33 of the Industrial Disputes Act has to file a complaint under section 33-A of that Act.;