1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR O R D E R S.B. CIVIL WRIT PETITION NO. 6441/2006 (Smt. Kamlesh Kumawat Vs. State of Rajasthan & Anr.) Date of Order : 05/04/2007 PRESENT HON'BLE MR. JUSTICE H.R.PANWAR Mr. Sanjeet Purohit for the petitioner. BY THE COURT:- By the instant writ petition, the petitioner submits that her services have been terminated by an oral order w.e.f. 13.4.2006 and therefore, seeks a direction to reinstate her with back wages and consequential benefits. These questions of facts have to be decided by the Labour Court and Industrial Tribunal and there being an alternative and efficacious remedy under Industrial Disputes Act, 1947 before the labour court and industrial tribunal available to the petitioner but without exhausting the alternative remedy, the petitioner has filed the instant writ petition, therefore, keeping in view the five Judges decision of this Court in Gopi Lal Teli Vs.State of Rajasthan and Ors. RLR 1995 (1) page 1, in my view the writ petition deserves to be dismissed on the ground of 2 availability of alternative remedy. Learned counsel for the petitioner submits that the petitioner may be granted liberty to approach the Appropriate Government for making reference and the Appropriate Government may be directed to make reference to the Labour Court and Industrial Tribunal. He has relied on decisions of this Court in Sanjay Kumar and Ors. Vs. The State of Rajasthan and Ors., S.B.Civil Writ Petition No. 4530/2002 decided on 06.02.2003 and in Narendra Kumar Jain Vs. State of Rajasthan and Anr. 2005 (4) RDD, 543 (Raj.) In Sanjay Kumar and Ors. Vs. The State of Rajasthan and Ors. (supra) while disposing of the writ petitions filed by the workmen, this Court granted liberty to the workmen to approach the Appropriate Government for making reference and it was directed that if such an application is made, the Appropriate Government was requested to dispose it of expeditiously. In Narendra Kumar Jain Vs. State of Rajasthan and Anr.(supra) while dismissing the writ petition as not maintainable, the petitioner therein was granted liberty to raise his grievance before the Appropriate Government and the Appropriate Government was directed to refer the matter to the Labour Court for adjudication. Accordingly, the writ petition is dismissed on the ground of availability of alternative remedy under the Industrial 3 Disputes Act, 1947. However, the petitioner is granted liberty to approach the Appropriate Government for making reference to the Industrial Tribunal cum Labour Court within 15 days from today and if such an application is made to the Appropriate Government seeking to make reference to the Labour Court, the Appropriate Government shall refer the matter to the Labour Court for adjudication. No order as to costs. (H.R.PANWAR),J. Rp