High Courts need not entertaion writs if alternative available:SC

New Delhi, Dec 17 (UNI) The Supreme Court has held that High Courts need not entertain writ petitions if effective alternative remedies are available under the statute.

A Bnch comprising Justices A R Lakshmanan and Tarun Chatterjee said Forest Development Corporation is an industrial establishment under the Industrial Disputes Act (IDA).

The Apex Court, in its judgment on December 12, dismissed the appeals of the workers of Uttaranchal Forest Develpment Corporation who approached the state High Court without approaching the Industrial Disputes Tribunal, but allowed the appeals of the workers who had first gone to the tribunal.

The Supreme Court while dismissing a batch of 38 appeals filed by UFDC workers against the High Court judgment, holding that retrenchment of daily wagers was illegal and hence the workers were entitled to be reinstated with full back wages, said, ''We hold that the provisions of section 25-N of the IDA 1947 are attracted and non-compliance of the said section makes retrenchment order illegal and non-est.'' The apex court also made it clear that High Courts should not entertain writ petitions if alternative statutory remedy is available.

Earlier in 1995, the daily-wage workers of UFDC were retrenched and they filed writ petitions in 2005, which were entertained by the High Court.

''In the case, the workmen had no exceptional circumstances to knock the doors of the High Court straight away without availing the effective alternative remedy available under the IDA.

The dispute relates to enforcement of a right or obligation under the statute and a specific remedy is there for it, therefore the High Court should not deviate from the general view and interfere,'' the court said adding that it is to be done only when there is a very strong ground for intervention.

UNI/AKS/SC SK GC1029