NAKUL KARMALI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) It is submitted by the learned counsel for the respondents that in pursuance of the previous order dated 19.8.2010, they have filed a counter affidavit stating that vide Annexure A the Government has created 41 posts in Jaivik Udhyan, Ormanjhi, Ranchi and the petitioners will be given due weightage for their appointment, if they are applied for the same in accordance with law.

(2.) Since, by the impugned award, the Labour Court, Ranchi in Reference Case No.1/2006 dated 28th February,2007 has given a clear finding that although the workman petitioner Nakul Karmali and 11 others were working in Jaivik Udhyan, Ormanjhi, Ranchi but failed to prove any cogent evidence that they continuously worked for 240 days and the documents produced by them, which was marked as Ext.X shows that they were never continuously employed for a period of 240 days and in that view of the matter, the reference was answered in negative showing that they are not entitled for any regularization in service.

(3.) However, it is submitted by the learned counsel for the respondents that at that time there was no vacancy to accommodate the workmen but now the posts are created and they will be accommodated, if they apply for appointment.