RAM NARESH Vs. STATE OF U P

JUDGEMENT

(1.) HEARD Mr. Pankaj Srivastava, learned counsel for the petitioners, Mr. J.N. Mathur, learned Additional Advocate General along with Mr. VS. Tripati, learned Additional Chief Standing Counsel for the State and Mr. Anil Ttwari, learned Senior Advocate as well as Mr. R.K. Chaudhary, learned counsel for the State Warehousing Corporation.

(2.) THE petitioners are the employees of the State Warehousing Corporation, State of U.P. THEy are deployed at different districts in the whole State. THEy belong to different categories viz. Technical Assistants, Accountants, Group 'C' and Group 'D' posts. THEy have come forward to lodge their claim of regularization through different set of writ petitions by challenging the advertisement issued for regular recruitment as well as the order passed by the State Government, rejecting their claim of regularization.

(3.) THE services of the petitioners are regulated by the U.P. State Warehousing Corporation Staff Regulations, which have been framed in exercise of power conferred by Section 42 of the Warehousing Corporation Act, 1962. By way of Section 42 of the Warehousing Corporation Act, 1962 (in short 'Act') the Warehousing Corporation has been authorized to make regulations for the purpose of giving effect to the provisions of the Act, which may provide the conditions of service and remuneration payable to the officers and other employees of the Corporation etc. THE regulation 3 speaks that they shall apply to all employees of the corporation and to the personnel employed on contract in respect of all matters not regulated by the contract. Regulation 2 (e) defines the term 'Employee' as under: