Judgment

Arijit Pasayat, J.—Appellant (hereinafter referred to as the ‘employer’) calls in question legality of the judgment rendered by a Division Bench of the Allahabad High Court dismissing Special Appeal filed by the appellant. The Special Appeal was filed by the appellant questioning correctness of the judgment rendered by a learned Single Judge who had questioned the orders of termination in respect of respondents Nos. 1 and 2.

2. The main stand of the appellant before the High Court was that the writ petition filed by the respondents should not be entertained as they had efficacious, alternative and statutory remedy provided under the Industrial Disputes Act, 1947 (in short the ‘Act’) read with U.P. Industrial Disputes Act, 1947 (in short the ‘U.P. Act’).

3. The background facts are as follows :

The respondents while working in the appellant’s concern made claims of 15 of the basic pay as an interim relief as was being paid to the officers and clerical staff at the Headquarters of the appellants concern, as according to them there was no justifiable reason for refusing the said relief to the staff at some units. The writ petition was filed (including amended prayers), inter ali