HON’BLE SRI JUSTICE K.C.BHANU WRIT PETITION No.16476 of 2011 ORDER: This writ petition is filed seeking to issue a writ of Mandamus declaring the action of the first respondent in allowing P.W.Case No.1 of 2008, by an order, dated 12.05.2011, whereunder and whereby the petitioner was directed to pay the arrears of wages along with penalty to respondents 2 to 5, as illegal and arbitrary. Learned counsel for the petitioner contended that the first respondent has no jurisdiction to pass the impugned order and that there is no employer and employee relationship existing between the petitioner and respondents 2 to 5 and therefore, the impugned order is liable to be set aside. On the other hand, learned counsel for respondents 2 to 5 contended that a statutory appeal is provided for under Section 15 of the Payment of Wages Act, 1936 against the impugned order passed by the first respondent and therefore, the petitioner has to avail the alternative remedy as provided for. The contention of by the learned counsel for the petitioner that the first respondent lacks inherent jurisdiction to decide the case is unsustainable, since the first respondent has got a jurisdiction under Section 15 of the Payment of Wages Act, 1936 to decide any dispute in payment of wages in relation to the employer and employee. Whether the relationship of employer and employee exists between the petitioner and respondents 2 to 5 or not, is a question of fact which has to be determined and resolved basing on the evidence available on record. There cannot be any dispute that availability of alternative remedy is not a bar for entertaining the writ petition under Article 226 of the Constitution of India, but, at the same time, at least under three contingencies a person can invoke the jurisdiction of this Court namely (1) when there is an infringement of his fundamental right; (2) when the authority who passed the order has no jurisdiction; and (3) when the principles of natural justice are violated. In the case on hand, the case of the petitioner does not fall under any one of the aforementioned categories. When a statutory appeal is provided, the same has to be invoked by the aggrieved party. For the foregoing reasons, the writ petition is devoid of merits and is, accordingly, dismissed. There shall be no order as to costs. ___________________ JUSTICE K.C.BHANU 17th June 2011 dr