CHIRAUNJI LAL Vs. STATE OF U P

JUDGEMENT

(1.) We have heard Sri B.K. Narayan, learned counsel for the appellant and Sri Manish Goyal, learned counsel appearing for the respondents.

(2.) This special appeal is directed against the order dated July 22, 1999 passed by the learned single Judge in Civil Misc. Writ Petition No. 21562 of 1991, whereby the learned single Judge dismissed the writ petition only on the ground of availability of alternative remedy under the U P. Industrial Disputes Act.

(3.) Short facts involved in the writ petition as also in the special appeal, inter alia, are that the writ petitioner- appellant was originally appointed as apprentice on January 8, 1986 and was working as daily wager since January 10, 1987 in Nagar Nigam, Aligarh. In view of the Government Order dated October 25, 1989, which provides that on cut off date i. e. October 11, 1989 if the daily wager has worked for 240 days continuously for three years, such daily wager is entitled for the benefit of regularisation. Accordingly, the writ-petitioner- appellant claims that since he has continuously worked for 240 days in each of the 3 years i. e. 1987, 1988 and 1989 as daily wage employee, by virtue of the Government Order dated October 25, 1989 he is entitled to the benefit of regularisation.