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TMI Blog2006 (11) TMI 632X X X X Extracts X X X X X X X X Extracts X X X X ..... pon the decision of this Court in the case of Union of India and another Vs. M/s Balrampur Chini Mills Ltd., Balrampur and another, reported in 2003 UPTC, 982 and recent decision of this Court in Civil Misc. Writ Petition No.922 of 2001, Union of India Vs. Excise and Gold (Control) Appellate Tribunal (Northern Bench), New Delhi and another decided on 18.07.2006, in which following the decision referred hereinabove, the writ petition was dismissed on the ground of alternative remedy. Learned counsel for the petitioner submitted that once the writ petition has been admitted on 22.11.2001, after the lapse of five years, it should not be dismissed on the ground of alternative remedy. In support of his contention he relied upon the decision in t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... India. Apex Court consistently held that where statutory remedy is provided, writ petition should not be entertained. In the case of U.P. Spinning Co. Ltd. Vs. R.S. Pandey and another, reported in (2005) 8 SCC 264. (Para 11 to 24), Apex Court has set aside the order passed by the High Court in the writ petition on the ground that the High Court should not entertain the writ petition when the statutory remedy was available under the Industrial Disputes Act, 1947 unless exceptional circumstances are made out. Apex Court has also considered the decision in the case of Hriday Narain Vs. I.T.O. (Surpa). Apex Court held that where under the statute there is an allegation of infringement of fundamental rights or when on the undisputed facts the t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... body approaches the High court should ensure that he has made out a strong case or that there exist good grounds to invoke the extra-ordinary jurisdiction. Constitution Benches of this Court in K.S.Rashid and Sons vs. Income tax Investigation Commission And Ors. (AIR 1954 SC 207); Sangram Singh vs. Election Tribunal, Kotah and Ors. (AIR 1955 SC 425); Union of India vs. T.R.Verma (AIR 1957 SC 882); state of U.P. and Ors. Vs. Mohammad Nooh (AIR 1958 SC 86); and M/s K.S. Venkataraman and co. (P) Ltd. Vs. state of Madras (AIR 1966 SC 1089), held that article 226 of the Constitution confers on all the High Courts a very wide power in the matter of issuing writs. However, the remedy of writ is an absolutely discretionary remedy and the High Cour ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a and Anr. Vs. State of Maharashtra and Ors. (2001 (8) SC 509); Pratap Singh and Anr. Vs. State of Haryana (2002 (7) SCC 484) and G.K.N. Driveshafts (India) Ltd. Vs. Income tax Officer and Ors. (2003 (1) SCC 72). In Harbans Lal Sahnia vs. Indian Oil Corporation Ltd. (2003 (2) SCC 107), this Court held that the rule of exclusion of writ jurisdiction by availability of alternative remedy is a rule of discretion and not one of compulsion and the court must consider the pros and cons of the case and then may interfere if it comes to the conclusion that the petitioner seeks enforcement of any of the fundamental rights; where there is failure of principles of natural justice or where the orders or proceedings are wholly without jurisdiction or t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... se proceedings run their full course. Secondly, the doctrine has no application when the impugned order has been made in violation of the principles of natural justice. We may add that where the proceedings itself are an abuse of process of law the High Court in an appropriate case can entertain a writ petition. (emphasis provided). The above position was recently highlighted in U.P. State Spinning Co. Ltd. Vs. R.S. Pandey & Another (2005) 8 SCC 264." Writ petition is liable to be dismissed on the ground of alternative remedy. Present writ petition is accordingly, dismissed on the ground of alternative remedy. In case, if the petitioner applies for the return of the certified copy of the order of the Tribunal, same may be returned a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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