TARLOK CHAND Vs. NATIONAL INDUSTRIAL DEVELOPMENT CORPORATION LIMITED

JUDGEMENT

(1.) This is writ petition filed by petitioners under Articles 226 and 227 of the Constitution of India alleging that they have been working as daily-rated workers under the respondent Corporation on the post of "Safal Karamchari" for more than 240 days and are entitled to be regularised to the said posts, but the respondent is in a malafide manner continuing them as daily-rated workers as a result whereof their salaries are considerably lower than the salaries paid to permanent employees appointed to similar posts and performing similar work and have prayed for-

(2.) This Court issued notice on the said writ petition and a reply thereto was filed by the respondents wherein certain preliminary objections were raised to the maintainability of the writ petition. It has been contended that the allegations in the petition involved determination of rights and grant of remedies which are provided for under the Industrial Disputes Act, that-the petitioners have the adequate and efficacious alternate remedy available and that the subject matter of the present petition involved determination of disputed questions of facts, which can. be determined on the basis of the evidence and that tor these reasons this court should not exercise its extraordinary jurisdiction under Article 226 of the Constitution of India.

(3.) At the time of hearing lengthy arguments were addressed on the question of maintainability of the petition and also as to whether the provisions of Industrial Disputes Act as amended from time to time afforded the petitioners an adequate and efficacious alternate remedy. After hearing the parties for a while, I considered it appropriate tn appoint an amicus curiae for my assistance. Consequently I appointed on 1st September 1992 Mr.S.N.Bhandari, Advocate, as an amicus curiae to assist the court on the said preliminary objection. The arguments were concluded by Mr. Bhandari. Thereafter, counsel for the petitioner sought time on a number of occasions to prepare for arguments. Finally, the petitioners filed a written note and concluded their arguments. The amicus curiae was required to assist further which he did by submitting a note of the arguments.