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2001 Supreme(Guj) 293

D.C.SRIVASTAVA
SANDEEP HARESHBHAI AGRAWAL – Appellant
Versus
ALLAUDIN JAMALUDDIN – Respondent


Advocates Appeared: D.J.BHATT, R.V.DESAI

D. C. SRIVASTAVA, J.

( 1 ) IN this petition, the order dated 24-5-2000 of the authority under the Payment of Wages Act is under challenge. Various grounds of challenge to the impugned order are enumerated in the petition.

( 2 ) SHRI DJ Bhatt appears for the respondent no. 1 and he raises a preliminary objection that the writ petition under Art. 226 of the Constitution of India is not maintainable on the facts and circumstances of the case, especially in view of provision for appeal contained under sec. 17 of the Payment of Wages Act. His objection is that, since there is a statutory provision for appeal against the order of the authority under the Payment of Wages Act, the petitioner should have availed of that alternative remedy which is efficacious, and since the alternative statutory remedy has not been availed of by the petitioner, this Court will not exercise jurisdiction under Art. 226 or under Art. 227 of the Constitution of India.

( 3 ) SHRI RV Desai, learned counsel for the petitioner, however, contended that, in appropriate cases jurisdiction can be exercised by the High Court under Art. 226 as well as under Art. 227 of the Constitution of India. Few cases were cited by Sh











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