RASHMI BHATNAGAR Vs. STATE OF U.P. & OTHERS

JUDGEMENT

(1.) Rashmi Bhatnagar is before this Court, assailing the validity of the judgement and order dated 29th Nov., 2010 passed by learned Single Judge in Civil Misc. Writ Petition No. 78821 of 2005 (Rashmi Bhatnagar Vs. State of U.P. and others) wherein learned Single Judge has proceeded to non-suit the claim of the petitioner-appellant on the premises that petitioner-appellant was ineligible for according benefit of regularization and accordingly, the regularization in question has rightly been refused by the Authority concerned.

(2.) The factual matrix of the case in brief is that petitioner had been engaged on daily wage basis for the period starting with effect from 01.01.1991 to 18.10.1992 and at the relevant point of time, petitioner-appellant claims to have worked in the office of Deputy Director, Horticulture & Food Preservation, Allahabad Division, Allahabad, and it appears that her services in question on being disengaged, led to raising of an industrial dispute and the matter travelled before the Labour Court wherein the Labour Court in Adjudication Case No. 25/1993 proceeded to pass an award on 31.7.1996, declaring the dispensation/termination of services to be illegal and as such she was directed to be reinstated with all consequential benefits. The said award was subjected to challenge before this Court by the employers by means of Writ Petition No. 25283 of 1997 and the said award in question of the Labour Court, has been affirmed as the writ petition in question has been dismissed on 28.2000.

(3.) Petitioner-appellant, based on the award in question, continued to serve the establishment in question and thereafter, it appears as the human nature is, the petitioner/appellant intended that she be extended the benefit of regularization and in this direction, petitioner came to file Civil Writ Petition No. 49939 of 2004 and this Court on 24th Nov., 2004, asked the respondent no. 2, Director of Horticulture & Food Preservation, Lucknow to consider the claim of the petitioner-appellant for regularization in accordance with law within two months from the date of production of certified copy of this order filed before him.