Anit Kumar vs Chairman,Tariff Authority Of ...
2008 Latest Caselaw 1650 Del

*      IN THE HIGH COURT OF DELHI AT NEW DELHI
22.

+                        LPA No.2398/2006


ANIT KUMAR                                         ..... Appellant
                               Through: Mr. Mobin Akhtar, Advocate.

                      versus


CHAIRMAN,TARIFF AUTHORITY OF
MAJOR PORTS & ORS.                       ..... Respondents
                    Through: Mr. Rajan Narain and Ms. Mallika Joshi,
                    Advocates for Respondent Nos. 1 and 3.


CORAM:
HON'BLE MR. JUSTICE M UKUL MUDGAL
HON'BLE MR. JUSTICE MANMOHAN

1. Whether Reporters of local papers may be allowed to see the judgment?
2. To be referred to the Reporter or not?
3. Whether the judgment should be reported in the digest?


                               JUDGMENT

12.09.2008

MUKUL MUDGAL, J: (ORAL)

1. Rule D.B.

2. With the consent of learned Counsel for parties, the LPA is taken up for

final hearing.

3. This appeal has been filed against the order of the learned Single Judge

dated 28th September, 2006. The petitioner was a casual worker in the Tariff

Authority of Major Ports and had approached the Writ Court under article 226 of

the Constitution of India. The learned Single Judge of this Court has arrived at

following conclusion:-

"The petitioner should have approached appropriate Government and raised industrial dispute. By way of a writ petition, petitioner cannot seek relief agitating disputed questions of fact. This Court cannot entertain a writ petition raising disputed questions of fact, when

alternate remedy is available. Accordingly, the writ petition is hereby dismissed."

4. Mr. Narain, the learned counsel for the respondent submitted that the

respondent is not amenable to the jurisdiction of the Labour Court. Thus the very

premise of the learned Single Judge's judgment directing the petitioner to approach

the government to seek a reference for the industrial dispute cannot be sustained as

in such an event the petitioner would have no legal remedy. In this view of the

matter, the order of the learned Single Judge is unsustainable and is accordingly set

aside. Parties are directed to appear before the Writ Court on 23rd October, 2008 for

disposal of the writ in accordance with law.

MUKUL MUDGAL, J

MANMOHAN, J

SEPTEMBER 12, 2008 sb