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1996 Supreme(Raj) 205

M.G.MUKHERJI, V.G.PALSHIKAR
Deepak Kumar Khivsara – Appellant
Versus
Oil India Limited – Respondent


Advocates Appeared:
Deepak Kumar Khivsara, Appellant Present in- person M.S. Singhvi, for Respondents

Honble MUKHERJI, J.– The present special appeal is directed against a judgment and order dated 30th October, 1995 passed by a learned Single Judge of our Court in S.B. Civil Writ Petition No. 3310/90, whereby the learned Single Judge holding inter-alia that the writ petitioner-appellant has got alternative efficacious remedy before the Labour Court, apparently following a Full Bench decision of five learned Judges of this Court in Gopi Lal Teli vs. State of Rajasthan & Ors. (1) dismissed the writ application only on the ground of alternative remedy being available to the writ petitioner-appellant.

(2). We have perused the said Full Bench judgment of this Court minutely. The Full Bench took into consideration the fact that in very many judgments, the Supreme Court itself held that alternative remedy is no bar for entertainment of the writ petitions under Article 226 of the Constitution of India and there may be cases in which this Court inspite of the fact that there is an alternative remedy may interfere depending on the facts of the case. The Full Bench refused to lay down the circumstances/grounds exhaustively in which this Court, inspite of availability of alternative remedies, m

























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