KAILASH PRASAD Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The present petition has been preferred by the petitioners for regularizing their services as Class-IV employees with the respondents, mainly on the ground that the petitioners have been working since the Year, 1985 on the post of Pump Khalasi. It is also vehemently submitted by the learned counsel for the petitioners that the petitioners have been working since long and as such, the respondents ought to have appreciated that their services are being required on regular basis and, therefore, the petitioners ought to have been regularized on the Post of Pump Khalasi.

(2.) When the matter is called out, no body appears on behalf of the respondents.

(3.) Looking to the counter-affidavit filed by the respondents, it appears that on earlier occasion also for the very same relief W. P. (S) No. 383 of 2006, was filed, but, no relief of regularization was given to the petitioner. Looking to the fresh prayer of regularization, I am not inclined to grant any relief to the present petitioner mainly for the reason that the petitioner can raise industrial dispute under the Industrial Disputes Act, under Section 10 thereof. No industrial dispute has ever been raised by the petitioner. In exercise of extra-ordinary jurisdiction vested under Article 226 of the Constitution of India, I am not inclined to regularize the services of the present petitioners by issuing a writ of mandamus upon the respondents as it requires several facts ought to be established and evidences ought to be taken.