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Judgment
Markandey Katju, C.J.—This writ appeal has been filed against the impugned judgment of the learned single Judge dated 26.11.1999. We
have heard Mr.S.Balasubramanian for the appellant and Mr.V.Raghupathi, learned Government Pleader for the second respondent. None has
appeared for the first respondent even though the name of Mr.S.Krishnasamy has been shown in the cause list.
The appellant is the agricultural co-operative bank and the first respondent was its daily wage clerk. Against the termination of his service he
filed a writ petition in this Court which has been allowed by the impugned judgment.
In our opinion this appeal deserves to be allowed on the short ground that the first respondent had an alternative remedy of raising an industrial
dispute and there was no occasion for this High Court to entertain the writ petition directly for adjudication about the validity of the termination
order vide Scooters India v. V.E.V.Eldred 1999 III LLJ(Supp) 138 and Management of GE Power Controls India (Pvt) Ltd. and Anr. v.
Workmen of GE Power Controls India Pvt. Ltd. And Ors. 2005 1 L.W. 126 . Moreover the first respondent was only a temporary employee and
it is well settled that a temporary employee has no right to the post vide State of Uttar Pradesh and Another Vs. Kaushal Kishore Shukla, . The
petitioner was only a daily wager. The writ appeal is allowed and the impugned judgment is set aside. No costs. Consequently CMP No. 1997 of
2000 is closed.