- (1.) Leave granted.
(2.) Challenge in this appeal is to the order passed by a learned Single Judge of the Uttaranchal High Court dismissing the writ petition filed by the appellants.
(3.) The factual position in a nutshell is as follows:- On the basis of a dispute raised, reference was made to the Labour Court, Haldwani, Uttar Pradesh, referring the following question for adjudication:- "Whether the non-regularization of 14 members mentioned in the Schedule by the employers is improper or unjustified If yes, to what relief/benefit the concerned workmen are entitled, from which date and with what other details - The employer took the stand that the concerned workmen were being engaged from time to time on temporary basis and wages and other benefits as admissible were being paid. The question of any regularization does not arise. The Labour Court found that the employees were not regularized because of non-creation of posts by the Government. Stand of the workmen was that several permanent posts were lying vacant in the Irrigation Department. The Labour Court accordingly directed that salary and other benefits ought to be paid to the concerned workers while considering them regular with effect from the date of judgment of the Labour Court. It was, accordingly, held that non-regularization was illega1. ;