Polo Mandal and Others vs Indian Railway Construction Company Ltd. and Others

Mr. Shobha Nath Jha, Advocate mentioned that this matter be adjourned. The court was not inclined to grant an adjournment.

The court perused the impugned order dated 10th May, 1999 on the writ petition.

Polo Mandal and others had filed a writ petition in effect praying that a writ be issued to the Indian Railway Construction Company Limited.

The plain question is as to what exactly was the status of the Petitioners-Appellants so as to seek a claim on regularization. The Appellants themselves declared that they are workmen with the Indian Railway Construction Company Limited. Plainly they are workmen under the Industrial Disputes Act, 1947. If the Appellants are claiming regularity in service then in effect they are claiming discharging continuous service and consequential regular employment.

On the writ petition the learned Judge hearing the matter mentioned that nothing ought to come in the way of the Petitioners-Appellants if they seek appropriate reliefs under the Industrial Disputes Act or any other appropriate law. He declined to interfere on the writ petition without expressing anything on the merits of the matter. In fact, after having been given the opportunity to raise an industrial dispute it is not understood why the present appeal has been filed unless the Petitioners-Appellants insist that the High court must come out with a relief.

The court does not find any error in the impugned order of the learned Judge.

Thus, this appeal is dismissed.