Khader Mohiddin Vs Central Bank of India and Another

Andhra Pradesh High Court 2 Nov 1998 Writ Appeal No. 1770 of 1998 (1998) 6 ALT 468
Bench: Division Bench
Result Published
Acts Referenced

Judgement Snapshot

Case Number

Writ Appeal No. 1770 of 1998

Hon'ble Bench

Umesh Chandra Banerjee, C.J; P. Ramakrishnam Raju, J

Advocates

M. Pandu Ranga Rao, for the Appellant; C.V. Rajeeva Reddy, for the Respondent

Final Decision

Dismissed

Acts Referred

Constitution of India, 1950 — Article 226

Judgement Text

Translate:

Umesh Chandra Banerjee, C.J.@mdashThis appeal is directed against an order of dismissal of the writ petition on the ground that the petitioner

has an alternative remedy in the matter by way of an Industrial Dispute.

2. At the first blush, upon hearing the submissions made on behalf of the parties, we did consider the matter at some length. But by reason of the

Bench decision of this Court in State Bank of India and others Vs. M. Rajaiah and others, . we record our inability to lend concurrence to the

submissions made by Sri M. Panduranga Rao, learned Advocate appearing in support of the appeal. Reliance on the decision of the Supreme

Court in the case of Dr Bal Krishna Agarwal Vs. State of U.P. and Others, . in our view, however, is misplaced and in any event the Supreme

Court decision has no manner of application and the same is clearly distinguishable on facts. Be it noted that this Court in paragraph 32 of the

judgment in State Bank''s case supra observed that the matter does not fall within the sphere of judicial review ability and having considered all the

decisions in the matter, the Bench held that the writ is not maintainable and the respondents-petitioners have to seek relief for their grievances in the

appropriate forum under the provisions of the Industrial Disputes Act and not by invoking the writ jurisdiction under Article 226 of the Constitution

of India.

3. In our view, the law has been settled so far as this Court is concerned by the judgment as above. As such, this appeal fails and is dismissed. No

order as to costs.

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