( 1 ) THIS Letters Patent Appeal arises out of an order dated 23rd may 2000 passed by a learned Single Judge of this court whereby and thereunder the writ petition filed by the appellant herein was dismissed summarily on the ground that he had an alternative remedy under the industrial Disputes Act, 1947 thereinafter called "the Act" for short ).

( 2 ) THE admitted fact of the matter is as under: the appellant was served with a charge-sheet on 15th december 1992. A departmental enquiry was held thereinto leading to his termination from service an application under Section 33 (2) (b) of the Act was filed by the respondent which was marked as OP No. 135/93 and by an order dated 27th May 1999, the learned tribunal dismissed the said application holding:

"i have heard Sh. I. S. Mehra, AR of dtc and Sh. M. S. Kapoor AR of the workman/respondent. Although the Enquiry officer conducted the enquiry and the respondent participated in it but the finding is perverse. As AW1 admitted in the cross examination that the entire period of absence of the respondent as mentioned in the charge-sheet has been treated by the management as Leave Without Pay. On the one hand the management/petit