1 SBCWP No.2492/2009 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR. O R D E R Man Shanker Vs. The State of Rajasthan & Ors. S.B.CIVIL WRIT PETITION NO. 2492/2009 Date of Order : : 08/04/2009 PRESENT HON'BLE MR. JUSTICE H.R. PANWAR Mr.Ravindra Singh, for the petitioner. BY THE COURT: By the instant writ petition, the workmen petitioner has challenged the orders by which he has been retrenched from service in violation of the provisions of Industrial Disputes Act, 1947. A Five Judge Bench of this Court in Gopi Lal Teli Vs. The State of Rajasthan and Others 1995 (2) W.L.C. (Raj.) 1 while considering the provisions of Industrial Disputes Act more particularly Sections 10, 11, 12, 25F, 25FA, 25FB as also Article 226 of the Constitution of India, held that the retrenchment of 2 SBCWP No.2492/2009 workman in non-compliance with conditions prescribed u/s. 25-F involve disputed questions of fact and directly writ petition is not maintainable. Whether the conditions prescribed under Section 25-F of the Act for retrenchment of a workman have been fulfilled or not, is pure question of fact and since in order to arrive at a conclusion or for recording a finding, some investigation/ enquiry that has to be embarked upon, would be beyond purview of Article 226 of the Constitution of India and on these premises this Court held that writ petition is not maintainable in view of the alternative remedy which is efficacious in nature provided by Statute i.e. Industrial Disputes Act, 1947 before the Industrial Tribunal and Labour Court. In this view of the matter, without availing alternative remedy available under the Statute, the petitioner has straightway filed the writ petition under Article 226 of the Constitution of India and therefore, the writ petition cannot be entertained on the ground of non-exhausting of alternative remedy available to the petitioner. The writ petition is therefore, dismissed on the ground of availability of alternative remedy. The petitioner may approach to the State Govt. for making reference raising industrial dispute. No order as to costs. NK (H.R. PANWAR), J.