THE HON’BLE SRI JUSTICE GHULAM MOHAMMED W P No.3174 of 2000 Forozshah Naqui and others ….petitioner And The Singareni Collieries Co. Ltd., Kothagudem and others. .. Respondents. THE HON’BLE SRI JUSTICE GHULAM MOHAMMED WP No.3174 of 2000 Order: This Writ Petition has been filed challenging the action of the respondents in not regularizing the services of the petitioners as Tool Room Attendant, Cat-IV from the February 1991 and consequently direct the respondents to regularise their services with effect from 1991 with all consequential benefits. It is seen from the record that the petitioners had approached the Assistant Labour Commissioner (Central), Mancherial, who took up the conciliation proceedings at the initiation of the Singareni Collieries Labour Union and that the Union representing the petitioners felt that there was no merit in the demand raised during the conciliation proceedings and accordingly chose not to proceed further and the Assistant Labour Commisioner, Mancherial by his order dated 25.1.1999 closed the Conciliation proceedings and the said order has became final. That apart in the counter affidavit filed in WVMP No.1661 of 2000 at para 15 it was stated that in the year 1998 and 1999 they were all promoted as General Mazdoor Category-II under the Service Linked Upgradation Scheme and at that time also, the petitioners have accepted their promotion ordes and did not contest that they should be designated as Tool Room Mazdoors which post does not exist in the respondent company. In the circumstances I am of the view that unless there is a scheme or post of Tool Room Attendnat, the petitioners cannot seek for regularization of such post, which is within the domain of the employer. The Writ Petition is therefore devoid of merits and is liable to be dismissed. However, the petitioners are at liberty to make representation to the concerned authorities seeking appropriate wages, if there is any scheme. Subject to above direction, the Writ Petition is disposed of. No costs. _______ GM, J Datd 25-11-2010 Kk THE HON’BLE SRI JUSTICE GHULAM MOHAMMED W P No.3174 of 2000 25-11-2010