- (1.) To question the correctness of the order dated 17/04/2012, this special appeal is preferred. By the order aforesaid, learned Single Bench dismissed the writ petition in limine relegating the appellant/petitioner to avail alternative remedy.
(2.) It is submitted by learned counsel for the appellant/petitioner that remedy under Section 21 of the Rajasthan Non-government Educational Institutions Act, 1989 (2 of 5) [SAW-697/2012] (hereinafter referred to as 'the Act of 1989') is not available to the appellant/petitioner as the dues claimed by the appellant/petitioner pertains to the payment of provident fund and gratuity. It is further submitted that the appellant/petitioner being an old man of 60 years, if relegated to avail alternative remedy then that shall be manifestly arbitrary as the remedy will take long time in its disposal.
(3.) Learned counsel appearing on behalf of the respondents submits that irrespective of the availability of alternative remedy, the writ petition may be examined at its own facts as a detailed reply on merits has also been filed.;