IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.M. Nos. 1582 and 1583 of 2009 and C.W.P. No. 11702 of 2008. Date of Decision : January 29, 2009. Phool Chand ..... Petitioner. Versus. State of Punjab and others .... Respondents. CORAM: HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH. Present: Mr. Phool Chand, petitioner in person. Mr. Ashok Aggarwal, Advocate, for the respondent No. 3. AUGUSTINE GEORGE MASIH, J. (ORAL). C.M. Nos. 1582 and 1583 of 2009. Application allowed as prayed for. Written statement on behalf of respondent No. 3, is taken on record. C.W.P. No. 11702 of 2008. The petitioner contends that without holding any inquiry or without terminating his services, the petitioner is to continue and perform his duties for which he is entitled under the appointment which he was given. He submits that neither he is being granted any relief nor any monthly salary and infact is not being allowed to enter in the hospital itself where he was appointed as a Senior Lab Technician. On notice having been issued, a preliminary objection has been taken by the respondents that the writ petition itself is not maintainable as the relief which has been claimed by the petitioner is against the respondent No. 3 C.W.P. No. 11702 of 2008. which is a privately run hospital and does not fall within the ambit of the State as provided under Article 12 of the Constitution of India. It has further been contended that in any case, the grievances of the workman has been taken care of by the Government as the dispute has been referred by the appropriate Government to the Labour Court, Ludhiana. It is, therefore, contended that the present writ petition in any case has been rendered infructuous in the light of the reference of the dispute where the workman can agitate his claim and grievance, if any. The factual aspect with regard to reference of the dispute by the appropriate Government before the Labour Court, is not denied. It is also not in dispute that the matter is pending before the Labour Court. In the light of the statement made by the respondents in their written statement, the writ petition has been rendered infructuous as far as claim of the workman is concerned as it will be open to the workman to approach the Labour Court for any of the grievances which he has put forth in this writ petition or if he has any other grievance in that regard. This writ petition stands disposed of accordingly. (AUGUSTINE GEORGE MASIH) JUDGE January 29,2009. sjks. -2-