1995 LAB. I. C. 1105 ::1995 LabLR 870 ::(1995) 71 FacLR 551 ::(1995) 2 LabLJ 1064 ::(1995) 1 Raj LW 1 ::(1995) 87 FJR 89 ::(1995) 2 Lab LN 496

Rajasthan High Court

Hon'ble Judge(s): G C Mittal C J , C.J. AND Anshuman Singh, J. R. Chopra, Mohini Kapoor, N. C. Kochhar , JJJ

Industrial Disputes Act (14 of 1947) , Chap.V-A— Violation of provisions of Chap. V-A of Industrial Disputes Act or violation of principles of natural justice before passing impugned order - Normal course is to pursue remedy provided under Industrial Disputes Act - Power under Art. 226 of Constitution - Should be sparingly exercised. (1991) 1 Rajasthan LR 68 (FB) and (1991) 2 Rajasthan LR 188, Overruled. Constitution of India , Art.226— For violation of the provisions of Chapter V-A of the Industrial Disputes Act or violation of the principles of natural justice, the normal course is to pursue the remedy provided under the Act and exercise of power under Article 226 of the Constitution in such cases should he sparingly exercised. The Industrial Disputes Act, which is an special statute has been enacted by the Parliament for settling the industrial disputes through conciliation and if not possible, then by the Tribunals constituted under the Act, and also to reduce the field of conflict between the employer and the employees in order to increase the industrial growth of the country. The Act is a self contained code and provides complete procedure, even machinery has been provided for recovering the money due from the employer to the employee under Section 33-C. Even where the question is raised as to whether the principles of nat....