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W.P.(C) No. 10686/2009
Date of Decision: 06th August, 2009 # SHRI PRAMOD KUMAR..... PETITIONER
! Through: Mr. Anuj Agarwal, Advocate
JUDGMENT
1. Whether reporters of Local paper may be allowed to see the judgment? NO
2. To be referred to the reporter or not?NO
3. Whether the judgment should be reported in the Digest?NO S.N.AGGARWAL, J (ORAL) This writ petition filed by the workman is directed against an award dated 29.08.2008 passed by the Industrial Adjudicator rejecting his claim for reinstatement and back wages.
2. Heard.
3. The petitioner was appointed as Beldar/Khalasi on daily wages in N.D.M.C. on 03.08.2005 for a specific purpose and he was allegedly terminated on 15.10.2005. He, aggrieved by his termination raised an industrial dispute and claimed his reinstatement and back wages.
4. The petitioner was admittedly not appointed against any vacant post or after following the procedure laid down for filling up of vacant post of Beldar/Khalasi in N.D.M.C. A person who has hardly worked for about 2 months has no legal right to ask for his reinstatement or 2009:DHC:3098 Karnataka and Others Vs. Uma Devi and others JT 2006 (4) SC 420 has categorically held that daily wagers have no legal right to ask for their regularization in Government service.
5. Since in the present case, the petitioner had got back-door entry as daily wager with N.D.M.C. and had worked only for about two months before he was allegedly terminated, he cannot be said to have acquired a legal right either for his reinstatement or for regularization.
6. In view of the above, I do not find any illegality or perversity in the impugned award given by the Industrial Adjudicator that may call for an interference by this Court in exercise of its extraordinary writ jurisdiction under Article 226 of the Constitution. This writ petition, therefore, fails and is hereby dismissed in limine.
AUGUST 06, 2009 S.N.AGGARWAL, J 'bsr'