IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL MCC Recall / Restoration Application No. 1094 of 2008 CLMA Delay Condonation Application No. 6193 of 2008 IN WPSS No. 1535 of 2005 Sharif Ahmed …….Petitioner. Versus State of Uttaranchal & Ors. …..……Respondents. Mr. Abdul Wahid, learned counsel for the petitioner. Mr. H.M. Raturi, learned Standing Counsel for the respondent no. 1. Mr. Vinay Kumar, learned counsel for the respondent no. 3. 19th September, 2008 Hon’ble P.C. Verma, J. I have perused the reasons shown for delay in filing the recall/restoration application. Reasons to condone the delay have satisfactorily been explained. Delay in filing the recall / restoration application is condoned. 2. I have perused the reasons for recalling the order dated 23.11.2006, whereby the writ petition has been dismissed in default. Reasons in order to recall the order have satisfactorily been explained. Order dated 23.11.2006 is recalled. 3. Both the applications area allowed. 4. Both the parties have agreed that since the matter relates to Labour Law, therefore, the same may be sent to the Labour Court. Therefore, petitioner is relegated to approach the Labour Court in view of the Premier Automobiles Ltd. Vs. Kamlekar Shantaram Wadke of Bombay 2 and others (1976) 1 SCC 496 as the matter relates to Labour Law. 5. On the ground of alternative remedy, writ petition is dismissed. No order as to costs. (P.C. Verma, J.) 19.9.2008 Rathour