Kishan Singh vs. State of Rajsathan & Ors. SB C W Petition No.1344/2005 Date of Order: 04.04.08 PRESENT HON'BLE MR.JUSTICE GOPAL KRISHAN VYAS Mr. Mukesh Vyas for the petitioner/s. Mr.S.Toshniwal for Mr.N.M.Lodha, AAG. Mr. Rameshwar Hedau for the respondent/s. In this writ petition the petitioner is challenging the impugned termination order Annx. 5 dated 22.02.05 passed by the Gram Pancyayat, Pachanpura , Panchayat Samiti , Raipur. It is submitted by the learned counsel for the petitioner that earlier for the purpose of regularisation, the Union filed writ petition before this Court. The said writ petition was registered as SBCW Pet. No.468/2005 which was decided by the learned Single Judge of this Court on 17th of July, 2007,in which the following directions were given :- “The petitioner is seeking adjudication of the cause of Class IV employees working in various Gram Panchayats, appointed by different employer on different dates at different wages. Cause for the employees working in different Gram Panchayats can not be clubbed. Beside that the issue sought to be adjudicated requires settlement of factual questions for that remedy under Article 226 is not an appropriate one. All the questions, which are required to be adjudicated in the instant petition for writ can be adjudicated more efficaciously if the petitioner raises an Industrial Dispute for redressal of grievances of its members under Industrial Disputes Act, 1947. In view of it, the writ petition is dismissed as the petitioner is having an efficacious alternative remedy under Section 10 of the Industrial Disputes Act, 1947. Looking to the fact that the controversy involved in this petition is pertaining to number of employees the appropriate Government is directed to take decision with regard to the reference of the dispute to the concerned Labour Court-cum- Industrial Tribunal, within a period of four weeks from the date the petitioner submits an application in this regard to the Commissioner , Department of Labour, Jaipur without proceeding for conciliation proceedings as provided under the Act of 1947.” In the above facts and circumstances of the case, in this writ petition also the petitioner is challenging the validity of termination order passed by the Gram Panchayat , Pachanpura , for which alternative remedy under the Industrial Disputes Act is available. Therefore, this writ petition is also disposed of with following directions; The petitioner is directed to file representation directly to the Commissioner, Department of Labour, Jaipur without proceeding for conciliation proceedings as provided under the Act of 1947 and upon filing the said representation the appropriate Government is directed to take final decision with regard to reference of the dispute with regard to termination of the petitioner within a period of four weeks from the date of submission of representation along with the certified copy of this order. With the above observations the petition is disposed of. (GOPAL KRISHAN VYAS),J. lg.