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Girdhar Gopal Sahney v. State Of U.P. And Others - WRIT - A No. 49004 of 2005 [2005] RD-AH 4998 (27 October 2005)


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Hon'ble Rakesh Tiwari, J


        Heard learned counsel for the petitioner, Sri V.K. Dixit for the respondents and perused the record.

The petitioner- a Security Guard in Zila Panchayat, Pilibhit has come up in this writ petition with the prayer for direction to the respondents to issue appointment letter to the post of Security Guard and to pay him the salary payable to the regularly appointed Security Guards , month by month and other consequential benefits.

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 salary to the petitioner at par with regularly appointed Security Guards cannot be issued by this Court in view of Sardara Singh ''s decision  (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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