1 S.B.CIVIL WRIT PETITION NO. 4823/2005 Shankarlal Vs. State of Rajasthan & Ors. Date of Order :: 28.4.2008 HON'BLE MR. JUSTICE GOVIND MATHUR Mr. Sanjeet Purohit, for the petitioner/s. Mr. B.L. Bhati, Dy. Govt. Counsel. ... The allegation of the petitioner is that he was terminated from the services by the respondents by a verbal order dated 18.11.2004. A document Annexure/3 dated 2.9.2004 is also placed on record by the petitioner to substantiate the contention that he was in employment of the respondents in the month of September 2004. However, in reply to the writ petition it is specifically stated that the petitioner willfully left the job in April 2002 and payment of wages was made for the period he worked. The dispute as to whether the petitioner willfully left the job or was terminated by the respondents by a verbal order on 18.11.2004 is required to be settled on basis of the evidence and such investigation is not required to be made under Article 226 of the Constitution of India. The writ petition, therefore, is dismissed with liberty to the petitioner to avail alternative remedy as per the provisions of Section 10 of the Industrial Disputes Act, 1947. The dispute being relating to the year 2004, the petitioner may submit an application to the appropriate 2 government along with a copay of this petition for writ and reply filed on behalf of the respondents for proper consideration to make reference to the appropriate adjudicating forum under the Act of 1947, by exercising powers under Sub-section(5) of Section 12 of the Act of 1947. (GOVIND MATHUR), J. Jgoyal