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PURANMASI versus NAGAR NIGAM GORAKHPUR THRU' NAGAR AYUKT AND OTHERS

High Court of Judicature at Allahabad

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Puranmasi v. Nagar Nigam Gorakhpur Thru' Nagar Ayukt And Others - WRIT - A No. 66730 of 2005 [2005] RD-AH 4503 (20 October 2005)

 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

Hon'ble Rakesh Tiwari, J

         

        Heard learned counsel for the parties and perused the record.

The petitioner is working as officiating Meth in Nagar Nigam, Gorakhpur.  He is aggrieved that his services are not being regularized. He has filed this writ petition seeking a mandamus to the respondents to regularize his services.

         A daily wager has no right for regularization of his services and this Court cannot direct for regularization of  services of the petitioners in view of the decision of Hon'ble the Apex court in State of Punjab and others Vs. Sardara Singh- (1998)9 SCC-709.  Engagement of petitioner on daily wage basis does not confer any legal right for regularization of his services.    It is not feasible in the writ jurisdiction to take evidence and decide the matter merely on the basis of exchange of affidavits.

The petitioner has got an effective, efficacious and alternative remedy before the Labour Court as has been held in Basant Lal Vs. U.P. State Roadways Transport Corporation and others (2003) 1 U.P.L.B.E.C. 154. It has been the consistent view of Hon'ble the Supreme Court that wherever an alternative remedy is available, it should not be bypassed and the petitioner has to approach this court after availing alternative remedy.

The writ petition is accordingly dismissed on the ground of availability of alternative remedy. No order as to costs.

Dt. 20.10.2005

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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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