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1984 Supreme(Pat) 392

S.B.SANYAL, S.S.SANDHAWALIA, B.P.JHA
Dinesh Prasad – Appellant
Versus
State Of Bihar – Respondent


Judgment

S.S.SANDHAWALIA, J.

1. The two meaningful issues that came to the fore in this set of cases referred for an authoritative decision by the Full Bench may well be precisely formulated in the terms following :-

I. Whether the statutory reference of a dispute under S.10 of the Industrial Disputes Act, 1947 , is an adequate and efficacious legal remedy for the enforcement of rights created under the said Act?

II. If so, whether such an alternative remedy and similar remedies under the Act should be exhausted before seeking the relief in the writ jurisdiction under Art.226 of the Constitution?

2. The relevant facts and issues of law are admittedly common and identical in these 13 writ petitions and learned counsel for the parties therefore, are agreed that this judgment will govern all of them. The representative matrix of fact may be take from Civil Writ Jurisdiction Case No.5724 of 1983, Ram Mohan Chaudhary V/s. Chairman, Mithila Kshetriya Gramin Bank, Darbhanga. The writ petitioner therein claims to have been temporarily appointed as a clerk by the Chairman of the respondent Mithila Kshetriya Gramin in Bank, Darbhanga, and, thereafter performed his duties from the 17th July, 1

































































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