BRHAMPAL Vs. BHARAT HEAVY ELECTRICAL LIMITED

JUDGEMENT

(1.) In this petition under Article 226 of the Constitution of India, the petitioners have been praying for relief of commanding respondent no.1 to regularise services of the petitioners w.e.f. the date of their joining and grant them all consequential benefits arising therefrom.

(2.) Mr. J.C. Seth, learned counsel for respondent nos.1 to 3 has objected to the maintainability of the present writ petition.

(3.) It is submitted by the learned counsel for respondent nos.1 to 3 that the petitioner through their union had earlier filed C.W.P.No.2202/91 wherein the petitioners had prayed for regularisation of their services; that vide order dated 3.3.1992, the Division Bench of this High Court has dismissed the writ petition as the reference under the Industrial Act then was pending before the Industrial Tribunal for regularisation of services of the employees of BHEL; that the petitioners did not go to the Tribunal and did not join the said reference pending and have filed the present writ petition; that the Industrial Tribunal dismissed I.D.No.159/91 and that in the award, the Industrial Tribunal has held that the workers are not entitled to any relief and passed award accordingly; that the said award has been published under Section 17(1) of the Industrial Disputes Act and in view of subsection 2 of Section 17 of the said Act, the award has become final and cannot be called in question by court in any manner whatsoever. It is further submitted that in view of the order passed in C.W.P.No.2202/91, this petition is not maintainable.