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Syed Bakar Raza Abdi v. State Of U.P. And Another - WRIT - A No. 47238 of 2004 [2005] RD-AH 4955 (26 October 2005)


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Hon'ble Rakesh Tiwari, J


        Heard learned counsel for the parties and perused the record.

The petitioner was appointed as Pump Operator on daily wage basis on 1.2.1989. He claims minimum pay scale at par with the regularly appointed Pump Operators.

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  affidavits. Direction for payment of minimum pay scale at par with regularly appointed Pump Operators also cannot be issued by this Court in view of the decision in Sardara Singh   (supra).

         The petitioner has 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. In case the petitioner raises an industrial dispute, the same may be decided expeditiously. No order as to costs.

Dt. 27.10.2005



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