S.S. Nijjar, J. - (1.) THIS petition under Articles 226/227 of the Constitution of India seeks the issuance of a writ of certiorari quashing the orders dated 7.1.2000 and 26.8.2000, Annexures P -2 and P -4, respectively, declining to refer the industrial dispute to the Labour Court. The petitioner also seeks a writ of mandamus directing the respondents to refer the matter to the Labour Court.
(2.) MR . Mani Ram Verma, learned Counsel appearing for the petitioner submits that even if the retrenchment compensation has been paid to the workman - petitioner, he cannot be estopped from challenging the retrenchment. In support of his submission, learned Counsel has relied on a judgment of the Allahabad High Court (Single Bench) in the case of Brij Basi Udyog, Mathura v. State of V.P. and others, 2000(2) SCT 168 (All) :, 2000(1) R.S.J. 280. Mr. Bhandari, on the other hand, has submitted that the retrenchment compensation has been paid to the workman -petitioner in accordance with law. Therefore, the reference of the dispute to the Labour Court will be an exercise in futility as even on the face of the evidence which would be adduced before the Labour Court, the conclusion would still remain the same, i.e. the workman -petitioner has been retrenched in accordance with law.
(3.) I have considered the submissions made by the learned Counsel for the parties.;