- (1.) RAKESH Tiwari, J. Heard Counsel for the parties and perused the record.
(2.) THIS writ petition is directed against the award of the Labour Court dated 30-7-2001 published on 23- 1-2003. By the impugned award the claim of the petitioners-workmen for regularization on the post of Clerk grade II and payment of salary for the aforesaid post was refused by the Labour Court. Brief facts of the case are that the petitioners were appointed on the post of 'khalasi' on compassionate ground. Their case was that since they were qualified, work of clerk was allocated to them i. e. doing of 'pairvi' of the Court cases filed before the High Court as well as before the Labour Court etc. but corresponding pay scale was not given to them. A dispute was raised by the petitioners before the Regional Conciliation Officer. On conciliation proceedings having failed, the following matter of dispute was referred to the Labour Court, Allahabad where it was registered as Adjudication Case No. 3 of 2002. The Labour Court after appreciation of evidence held that the workmen claimed that they were doing the work of 'pairvikar' which is clerical work but as there is no post of Pairvikar their claim cannot be granted. It further held that it cannot create any post and until and unless a permanent post of clerk is vacant it cannot direct for that post. It also held that since no evidence was given by the workmen that the posts of clerks are vacant on which they can be accommodated they cannot be granted relief in this matter.
(3.) RELYING upon the statement of employer's witness that there is no post of general category vacant in clerical cadre the Labour Court held that the petitioner cannot be absorbed. The Labour Court further held that the workmen have failed to prove that they were adversely affected particularly in view of the specific averments of the employer that a person appointed on compassionate ground cannot be given higher post and reply in this regard is negative.;