Hanuman Prasad And Ors. vs Union Of India And Ors.
1989 Latest Caselaw 27 Del

JUDGMENT

S.B. Wad, J.

(1) This Writ Petition was expedited at the request of the counsel for the petitioners. However, at the time of the hearing the petition was called out twice but neither the petitioners, nor Advocate is present. I proceed to dispose of the petition on merits, as I need not to dismiss it in default, the CP.C. being not applicable.

(2) The petitioners are employed by the contractors in service of Oil and Natural Gas Commission. They claim that they are the employees of the Commission as the contract labour have been abolished by Contract Labour (Regulation and Abolition) Act 1970. It is claimed in the Writ Petition that a writ should be issued to regularise the services of the petitioners from the date of their initial appointment and also to give them wages and benefits equal to their regular counter-prarts. They also prayed for the relief of awarding all arrears in the difference of wages and benefits between the petitioners and their regular counter-parts.

(3) The counter-affidavit is filed on behalf of the Oil and Natural Gas Commission. It is stated in the affidavit that the petitioners had suppressed the facts that they have proceeded under the Industrial Disputes Act and the conciliation proceedings were pending when the present writ petition was filed. They also submitted that the petition raises contentions which are imputed questions of fact which can be gone into in the appropriate proceedings under the Industrial Disputes Act and before the Chief Labour Commissioner under the Act.

(4) I find great force in the submission of the respondents. The petitoners claim that their work is of perennial nature. The petition however, does not state what work each of the petitioners is doing and how and why the work is of a perennial nature. The petition also does not state who are their "counter-parts" working in the Oil and Natural Gas Commission and what are their duties. So since they are question of facts they will need evidence, to be produced before the proper authority and analysed by the authorities" But this cannot be done in a writ petition. The reliefs in the nature of regularisation of service or giving them the wages and benefits equal to other workmen or to give arrears can be properly attended to in the forum under the industrial Disputes Act. Actually the conciliation progressing were pending when the writ petition was filed which fact was succeeded by the petitioners.

(5) For the reasons stated above the petition is dismissed but there shall be no order as to costs.