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Govt employees/industrial disputes act

(Querist) 16 August 2009 This query is : Resolved 
R/Members
I want to know whether confirmed employee (Peon) in Haryana Education Department is covered by Industrial Disputes Act or not.In my case my client is peon but now Department has issued order to join duty as chowkidar,pay scale n cadre is same but my client does not wants to join as chowkidar,what is remeady available to him.Regards n Thanx
A. A. JOSE (Expert) 17 August 2009
If in your State there is a Civil Services Tribunal, you may seek remedy from the said Tribunal. Otherwise, you may file writ petition in the High Court as remedy by way of civil suit will be time consuming.
Guest (Expert) 17 August 2009
State's department is doing sovereign function, it is not an industry as per some of the judgements. They are Irrigation Department (AIR 1997 SC 2663), Forest Department (2001 LLR 863 SC), Census Deptt. of GOI (2003 II LLJ 1149 AP (HC, Animal Husbandry (1995 LLR 513) not industries.
If there is a State Administrative Tribunal, you approach them. Other wise, civil court is the last remedy. The relief under writ jurisdiction is a little bit complicated because, on the ground as the availability of alternative remedy, the writ court refuse to entertain you.


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