Jurisdiction must be decided before alternative remedy bars writ relief when the statutory forum's competence is itself challenged.

A writ petition challenging the Tribunal's competence to examine a notification could not be rejected solely on the ground of alternative remedy. The Supreme Court held that the High Court had to first decide the jurisdictional objection, because the challenge went to the very authority of the statutory forum to hear the dispute. The impugned order was set aside, the matter was restored for consideration of jurisdiction and validity issues, and the parties were left to pursue the Tribunal route with liberty to approach the High Court if jurisdiction was declined.

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Issues: Whether the High Court was justified in dismissing the writ petition on the ground of availability of an alternative remedy without first deciding whether the Tribunal had jurisdiction to examine the challenge to the notification.

Analysis: The appeal turned on the sequence in which the jurisdictional question and the plea of alternative remedy had to be considered. Since the writ petition specifically raised the Tribunal's competence to examine the validity of the notification, the High Court should not have dismissed the matter merely on the footing of an alternative remedy. The proper course was to determine whether the Tribunal had jurisdiction and then leave the parties to proceed accordingly. The order therefore was set aside and the appellants were permitted to pursue the Tribunal remedy and, if necessary, challenge the notification before the High Court on the permitted grounds.

Conclusion: The dismissal by the High Court was unsustainable and the appellants succeeded in getting the impugned order set aside.

Final Conclusion: The matter was restored to the statutory forum for consideration of jurisdiction and validity issues, with ancillary liberty preserved to approach the High Court if the Tribunal declined jurisdiction.

Ratio Decidendi: Where a writ petition challenges the very jurisdiction of the alternative statutory forum to decide the dispute, the High Court should first decide that jurisdictional question before rejecting the petition solely on the ground of alternative remedy.

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