THE HONOURABLE SRI JUSTICE G.CHANDRAIAH W.P. No.7550 of 2011 ORDER: This writ petition has been filed by the petitioner seeking for issuance of Writ of Mandamus declaring the Proceedings dated 21.12.2009 of the 4th respondent, Depot Manager, removing the petitioner from service as confirmed by the 3rd respondent vide proceedings dated 21.02.2010 and the 2nd respondent vide Proceedings dated 09.04.2010, as arbitrary, illegal and contrary to the circulars issued by the Corporation, from time to time and consequently to direct the respondents to reinstate the petitioner into service with all benefits including back wages and continuity of service forthwith. The case of the petitioner, in brief, is that he is working as a Driver in the respondents Corporation since 13.12.1991. While so, on the allegation that he consumed alcohol while performing his duties, he was placed under suspension vide proceedings dated 15.06.2009 and issued charge sheet for which, he submitted his explanation on 30.06.2009. Without proper appreciation of the explanation submitted by the petitioner, the 4th respondent passed an order of removal of the petitioner from service on 21.21.2009. Against which, the petitioner preferred an appeal before the 3rd respondent and the same was also dismissed vide order dated 21.02.2010 and thereafter the matter was carried to the 2nd respondent by way of review but the same was also rejected on an erroneous view of facts and law by order dated 09.04.2010. Hence, the present writ petition. The learned standing counsel appearing for the Corporation submits that as against the impugned order, the petitioner has to approach the Labour Court and without approaching the Labour Court, the petitioner straight away approached this Court. Therefore, this writ petition is not maintainable. Having regard to the submission made by the learned standing counsel appearing for the Corporation that this writ petition is not maintainable and in view of the fact that the petitioner can avail the provisions available under the Industrial Disputes Act, without going into the merits of the case, this writ petition is dismissed as not maintainable. However, it is needless to say that this order does not come in the way of the petitioner availing the provisions provided under the law. There shall be no order as to costs. ___________________________ JUSTICE G.CHANDRAIAH Date: 29.03.2011 LSK