S.B. Civil Second Appeal No.239/08 Date:06/08/2008 HON'BLE Mr. JUSTICE ASHOK PARIHAR Mr. M.K. Verma, for appellants. BY THE COURT: Though the suit for declaration filed by the plaintiff-respondent challenging his punishment order of warning was dismissed by the trial court vide judgment and decree dated 2.3.2007. However, the above judgment and decree passed by the trial court has been reversed and set aside by the lower appellate court vide judgment and decree dated 8.5.2008. After hearing learned counsel for the appellants, I have carefully gone through the material on record. The only objection taken by the counsel is in regard to jurisdiction of the civil court in the present matter. However, the counsel for the appellants could not show any provision under the Industrial Disputes Act or any Act concerning labour disputes where the plaintiff- respondent could have approached the Labour Court. The objection do not survive since the concerned workman has no efficacious alternative remedy against the order of punishment in the present matter except before the civil court. On the basis of finding of fact since after due consideration proper discretion has already been used by the lower appellate court, in the facts and circumstances, no further interference is called for by this court, moreso, when no substantial question of law arises. The appeal is dismissed accordingly as having no merits. (Ashok Parihar) J.