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2017 Supreme(SC) 1567

KURIAN JOSEPH, R.BANUMATHI
Rajeev Kumar – Appellant
Versus
Life Insurance Corporation of India – Respondent


Advocates Appeared:
For the Petitioners:P.D. Sharma, Advocate

JUDGMENT :

Kurian Joseph, J.

Delay condoned.

2. Leave granted.

3. The appellant approached the High Court, aggrieved by the denial of work by Respondent No.1/Corporation.

4. In the nature of order we propose to pass, it is not necessary to issue notice, in our view.

5. It appears that the appellant has approached the High Court challenging the denial of work and initially the appellant was granted an interim relief. However, the writ petition was subsequently disposed of by holding that the remedy open to the appellant is to take recourse to the alternative remedy as per Industrial Disputes Act. According to the appellant, unfortunately the judgment was not communicated to him and, therefore, there was considerable delay in approaching the High Court, in appeal. The Division Bench dismissed the appeal holding that there is a huge delay of more than eleven years in approaching the Division Bench.

6. Having regard to the submission of the learned counsel for the petitioner, we are of the view that the appellant, in the interest of justice, should be granted liberty to take recourse to the alternative remedy as pointed out by the learned Single Judge in the judgment in Civil Misc. Writ Petit







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