IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.20173 of 2010 AWADH PRASAD YADAV, SON OF MOTI LAL YADAV, RESIDENT OF VILLAGE MALHIPUR, P.O. SHALIGRAM, P.S. SAHEBPUR KAMAL, DISTRICT BEGUSARAI------------------------------------------------------PETITIONER Versus 1.THE BIHAR STATE ROAD TRANSPORT CORPORATION, PARIWAHAN BHAWAN, PATNA-1 THROUGH ITS ADMINISTRATOR 2.THE COMMISSIONER-CUM-SECRETARY, BIHAR STATE ROAD TRANSPORT CORPORATION, PATNA 3.THE ADMINISTRATOR, BIHAR STATE TRANSPORT CORPORATION, PATNA 4.THE DIVISIONAL MANAGER, PURNEA DIVISION, PURNEA 5.THE PASSENGER MANAGER-CUM-SPECIAL OFFICER, DEPARTMENTAL PROCEEDINGS, HEAD QUARTER, PATNA 6.THE DEPOT SUPERINTENDENT, SAHARSA DEPOT, BIHAR STATE ROAD TRANSPORT CORPORATION, SAHARSA--------------------------RESPONDENTS ----------- For the petitioner :Mr.Pramod Mishra, Advocate For the Corporation :Mr.Nand Kumar Singh, Advocate ------ 2. 14.12.2010 The petitioner has come to this Court for setting aside the order dated 3.5.2010 issued by the Administrator of the Bihar State Road Transport Corporation by which the petitioner has been dismissed from service of the Corporation after departmental proceeding was held in this regard. Learned counsel for the respondent Corporation raises a preliminary issue regarding the maintainability of the writ petition stating that the petitioner being a workman has the alternative remedy of approaching the State Government for reference to the Labour Court under Section 10 of the Industrial Disputes Act. 2 Learned counsel for the petitioner submits that in that case a direction may be issued to the State Government to straightaway refer the dispute to the Labour Court without going for conciliation proceedings. This Court does not find any force in the said submission. Once the petitioner approaches the authorities of the State Government under the Industrial Disputes Act it is for the State authorities to act in the matter by exercising a discretion in accordance with the requirements of the Industrial Disputes Act as interpreted by the Courts. This Court will not normally sit in the position of the authorities of the State to exercise powers vested in them by the Act and straightaway direct the State Government to refer the dispute to the Labour Court in this regard. The writ application is dismissed as not maintainable with liberty to the petitioner to approach the authorities of the State for a reference under the Industrial Disputes Act. (Ramesh Kumar Datta,J.) Spal/