Court No.2 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition (M/S) No. 3712 of 2001 (Old No.11526 of 1996) The State of U.P. and another. …………….. Petitioner Versus Labour Court, U.P.Dehradun and others. …………. Respondents. …………………. Sri Gopal Narain, leaned Brief Holder for the State on behalf of petitioner. Sri M.C.Pant, learned counsel for the respondent No.2. Date: July 24,2008. Hon’ble P.C.Verma,J. By means of this writ petition, petitioner has challenged the impugned award dated 23.02.1995 passed by the Labour Court in Adjudication Case No.121 of 1991, which was notified on 22.06.1995. 2. Prior to the reorganization of existing State of Uttar Pradesh, a dispute was referred, vide notification No. 7815-20 (Labour Commissioner) 1/36-Labour (1) C.B.03/91, Dehradun dated 08.07.1991, containing a list of 23 daily wage employees. The reference was made in the following terms:- “Whether the services of the 23 daily wage employees, contained in the enclosed list, should have been regularized? If yes, then under what rule and which details?” 3. The dispute was raised by the workmen of P.W.D. muster-roll workmen union. Notices were issued 2 to the parties. They filed their written statements and objections and led their evidence before the Labour Court. 4. According to the workmen, they were working on muster-roll on daily wages engaged from different dates during the year 1983 to 1988 and were entitled to be regularized on the work charge establishment. 5. The employer pleaded before the Labour Court that the Government has already freezed the number of employees in the Department. It is not within its jurisdiction to regularize the services of these 23 daily wage employees. It is within the jurisdiction of Provincial Division Dehradun and the same Division makes regularization according to strict seniority and number of available posts. The Industrial Tribunal has recorded a finding on the basis of documentary evidence that these employees have been working since more than three years and it is revealed from the letter of Engineer-in- Chief, P.W.D. that the Government has taken a decision in the matter of these employees regarding their regularization. 6. The Labour court has recorded finding of fact which cannot be interfered in this writ petition filed under Article 226/227 of the Constitution of India. I find no illegality or infirmity in the award passed by the Labour Court. 7. The writ petition has no force and is dismissed. No order as to costs. (P.C.Verma,J.) 24.07.2008 P.Singh