- (1.) This appeal is directed against the judgment of learned Single Judge dated 10.09.2018, by which the writ petition filed by the appellant-petitioner against his termination during the period of probation from the post of Driver, was dismissed on the ground of availability of alternative remedy.
(2.) The learned Single Judge, while dismissing the writ petition, held that the appellant-petitioner being workman can get an industrial dispute referred to the Labour Court under the Industrial Disputes Act , 1947 and the writ petition cannot be entertained because it involves disputed question of facts.
(3.) Learned counsel for the appellant-petitioner cited a judgment dated 08.05.2017 of learned Single Judge in a batch of two writ petitions, being Writ Petition No.11365/2015, Ram Kishan Sharma Vs. Rajasthan State Road Transport Corporation and Others, and Writ Petition No.9915/2015, Babu Lal Meena Vs. R.S.R.T.C. and Others. In that case, Babu Lal Meena was a Conductor with the Rajasthan State Road Transport Corporation. His services were terminated during probation period. The learned Single Judge therein directed that if the petitioner raises a dispute under Section 10A of the Act of 1947 before the Tribunal by putting up his claim, the Tribunal/Labour Court shall consider the same and decide the dispute within a period of nine months from the date of submission of such a claim.;