IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE FIRST DAY OF MAY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 9936 of 2008 Between: Ghulam Mustafa, S/o. Rasool, code No.0292877, No.5B Incline, Kothagudem, R/o. H.No.15-1-53, Nehru Street, Ramavaram, Khammam district. ..... PETITIONER AND 1 The Singareni Colleries company Limited, rep by its Chariman and Managing Director, Hyderabad. 2 The Chief General Manager, SCCL, Kothagudem Area, Khammam Dist. 3 The Agent, No.5B, Group of Mines, The Singareni Colleries Company Ltd, Rudrampur, Khammam District. .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a Writ, Order or direction , one more particularly one in the nature of a "Writ of Certiorari" (i) Calling for the records relating to the orders of the 2nd respondent in Proceedings Ref.No.KGM/PER/18/745 Dt 30.03.2007, and Quash the same as being illegal, arbitrary, unconstitutional and reinstate the petitioner in to service with all the back wages since from the 31.08.2004 with all the benefits, and continuity of service. Counsel for the Petitioner:MR.P.PANDU RANGA REDDY Counsel for the Respondent : MR.NANDIGAM KRISHNA RAO The Court made the following : THE HON’BLE MR JUSTICE L. NARASIMHA REDDY Writ Petition No.9936 of 2008 ORDER: The petitioner assails the order dated 30-03-2007, through which, he was removed from service, on the ground of misconduct. Heard the learned counsel for the petitioner and learned Standing Counsel for the respondents. Admittedly, the petitioner had an effective alternative remedy by raising an industrial dispute, under Section 2-A(2) of the Industrial Disputes Act, 1947 (for short ‘the Act’). The Labour Court would not only be in a position to appreciate the evidence on record, but also to mould the relief, in exercise of its discretion, under Section 11-A of the Act. Hence, the writ petition is dismissed, leaving it open to the petitioner to pursue his remedies under the Industrial Disputes Act. There shall be no order as to costs. _______________________ L. NARASIMHA REDDY, J. Dt. 01-05-2008. KO To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{LS}