S.B. Civil Writ Pet. No. 802/05 Mohan Singh Vs. RSRTC & Ors. Date of order : 22.2.2008 HON'BLE MR. MUNISHWAR NATH BHANDARI, J. Mr. Shambhoo Singh for the petitioner. Mr. M.S. Godara, for Mr. V.K. Mathur for the respondents. By this writ petition, the petitioner has challenged the order dated 16.9.2004. The precise ground taken for challenge to the order dated 16.9.2004 is otherwise set out in the writ petition, however, the fact remains that the impugned order has been passed by the respondents after holding an enquiry after service of the chargesheet. In view of the above, the petitioner is having remedy under the provisions of Industrial Disputes Act, 1947. However, the said remedy has not been availed by the petitioner, more so when the challenge is made even to the fairness of inquiry conducted by the respondents and further questioned the finding on the charges levelled against the petitioner. Such issues can be decided by the labour court after considering the question of facts.. Learned counsel for the petitioner submits that the appeal preferred by the petitioner was dismissed on 4.1.2005. Even on -2- dismissal of appeal, the right to raise a dispute as per the provisions of Industrial Disputes Act is not taken away. In view of the above, the writ petition is not maintainable. Hence, the same is dismissed. However, the petitioner would be at liberty to raise dispute and if any such dispute is raised, it is expected from the Government to refer the matter for adjudication if no settlement is arrived at. (MUNISHWAR NATH BHANDARI), J. ns.