IMPORTANT POINT
The court established that disputes under the Industrial Disputes Act must be resolved within its framework, and writ jurisdiction is not appropriate when an alternative remedy exists.

JUDGMENT :

(Manoj Kumar Tiwari, J.) :

Petitioner nos. 2 to 87 were engaged on contract as washerman in Indian Military Academy; while, petitioner no. 1 is Federation of Indian Trade Unions as per the description given in paragraph no. 4 of the writ petition.

2. According to petitioner nos. 2 to 87, they have completed more than 240 days in a calendar year, thus, they are entitled to benefit of various Labour Welfare Legislations and also for regularisation of their services. According to them, they raised demand for benefit of Labour Welfare Legislations and also for regularisation of their services, which was referred for conciliation, however, before conciliation proceedings could be concluded, petitioners were disengaged. Thus, feeling aggrieved, petitioners have approached this Court seeking the following substantive reliefs:-

“(I) Issue writ rule or direction in the nature of certiorarified mandamus by declaring the order dated 13-06-2024 as contained to Annexure No 1 passed by the respondent is illegal void, unjust and arbitrary and to quash the same along with its effect and operation also after calling the entire records from the respondent or to mould the relief appropriately by safeguarding the interest of the petitioners.

(II) Issue writ, rule or direction in nature of the mandamus by directing the respondent to allow to continue the petitioners as washer mans in the establishments of the respondent till the Industrial dispute raised by the petitioners will comes to its logical conclusion and also to comply the directions of the conciliation officer and State Labour Commissioner Central as highlighted in the body of the petition.

(III) Issue appropriate order, writ, direction by directing the respondent not to engage or interpose any intermediary or contractor for the purpose of washing of clothing works which is being done by the petitioners directly and also to declare any such action of the respondent including any stipulation made in this regard for engaging intermediary or contractor during the pendency of Industrial Dispute as illegal, void, irrational and arbitrary and quash the same alongwith the effect and operation also after calling the entire record including such alleged stipulation engaging such contractor along with its effect and operation also.”

3. The order dated 13.06.2024, impugned in the writ petition, is on record as Annexure-1 to the writ petition. Perusal thereof reveals that contract of service of the petitioners was last renewed w.e.f. 01.04.2024 upto 15.06.2024, and they were informed that no washerman will be employed after 15.06.2024 and the concerned officer was directed not to extend contract of any washerman after 15.06.2024.

4. Learned counsel for the petitioners submits that since conciliation proceedings are going on, therefore, it was not permissible for the respondents to terminate the contract of service of washermen. He submits that the impugned order has been passed in violation of Section 33(1) of the Industrial Disputes Act, 1947, therefore, the same is liable to be set aside. He relied upon a judgment rendered by learned Single Judge of Hon’ble Madras High Court in the case of Anaimalai National Estate Workers, Union, Valparai and Others Vs. Planters’ Association of Tamil Nadu, Coimbatore, and others reported in 2002 (4) L.L.N. 530 for contending that writ petition would be maintainable in case Section 33(1) of the Industrial Disputes Act is violated, notwithstanding the statutory remedy available to the workmen under Section 33A of the said Act.

5. This Court is not impressed by the said submission. Admittedly, petitioners are seeking enforcement of rights available under Industrial Disputes Act and they also approached the forum available under the said Act, therefore, they have to seek remedy within the framework of the said Act. In the event of failure of conciliation proceedings, the dispute raised by petitioners shall be referred for adjudication to an Industrial Adj