VICE CHANCELLOR CHANDRA SHEKHAR AZAD KRISHI EVAM PRODYOGIKI VISHWAVIDYALAYA KANPUR Vs. PRESIDING OFFICER INDUSTRIAL TRIBUNAL 3 U P KANPUR

JUDGEMENT

(1.) SHISHIR Kumar

(2.) THIS writ petition has been filed for quashing the award dated 30.5.1998 passed by respondent No. 1 published on 25.2.1999, Annexure-6 to the writ petition.

(3.) FURTHER reliance has been placed upon State of U. P. and others v. Ajay Kumar, (1997) 4 SCC 88 : 1997 (3) AWC 1656 (SC), and has submitted that the Apex Court has clearly held that High Court has no jurisdiction to hold that a daily wager is entitled for regularization. There must exist a post and either administrative instructions or statutory rules must be in operation to appoint a person to that post. Daily wage appointment will obviously be in relation to contingent establishment in which there cannot exist any post and it continues so long as the work exists. FURTHER reliance has been placed by the counsel for the petitioner on Mahendra Lal Jain and others v. Indore Development Authority and others, (2005) 1 SCC 639, and has placed reliance upon paras 18, 19, 29, 33, 34 and 35 which are reproduced below :