Arjun Prasad SinhA. Vs. the Fertilizer Corporation of India Ltd. and ors. - Court Judgment

Excerpt:
[d.k. jain; h.l. dattu, jj.] - tamil nadu general sales tax act, 1959 - section 17a -- the industry will be eligible for sales tax deferral only if in a financial year production exceeds the base production volume which is the highest annual production in the years prior to expansion. when the actual production in the industry in any financial year exceeds the base production volume, the industry would be eligible for deferral of sales tax for sales made in that year in excess of the base sales volume under tamil nadu general sales tax, which is the highest of the actual annual sales in the last 3 years prior to expansion. deferral of sales tax will only be on the increased volume of production/sales; the respondent was also informed that they could avail of deferral of sales tax after..........the learned counsel appearing on behalf of the respondents raised a preliminary objection that the industrial tribunal has jurisdiction to decide this matter as the matter pertains between the petitioner and the fertilizer corporation of india limited. 3. in this matter other alternative efficacious remedies are available before the industrial tribunal and as such, the petition is not maintainable in this court. from perusal of record it appears that the petition has not been admitted so far and the matter relates to the adjudication of the disputed facts in which this court cannot enter into.4. apart from that, the petitioner has other efficacious alternative remedy available under the industrial tribunal act so he can approach before the industrial tribunal.5. in view of the above, the.....

Judgment:
1. This writ petition has been filed for seeking relief(s) that the petitioner should be granted in the next higher grade of post i.e. Senior Chemist Grade-I (W) under stagnation scheme at par with junior counter parts alongwith all consequential benefit.

2. The learned counsel appearing on behalf of the respondents raised a preliminary objection that the Industrial Tribunal has jurisdiction to decide this matter as the matter pertains between the petitioner and the Fertilizer Corporation of India Limited.

3. In this matter other alternative efficacious remedies are available before the Industrial Tribunal and as such, the petition is not maintainable in this Court. From perusal of record it appears that the petition has not been admitted so far and the matter relates to the adjudication of the disputed facts in which this Court cannot enter into.

4. Apart from that, the petitioner has other efficacious alternative remedy available under the Industrial Tribunal Act so he can approach before the Industrial Tribunal.

5. In view of the above, the petition is dismissed with a liberty to the petitioner that he may file a petition before the competent court of law and the competent court of law will consider the pendency of this writ petition before this Court for the purpose of computing the limitation in accordance with law. Accordingly, this petition is dismissed with the liberty aforesaid.