Smt. Sumitra Devi vs Food Corporation of India and Others

This letters patent appeal has been filed against the order on the writ petition dated 16 December, 2002. The Petitioner-Appellant received no relief on the writ petition when she prayed for a mandamus that her services be regularised as she claimed "continuous service". Thus, the present letters patent appeal.

In so far as the delay is concerned, it is condoned.

The Petitioner-Appellant contends that she should be deemed to have discharged continuous service since she was engaged by the Food Corporation of India notwithstanding that she had been engaged on a part time basis in the Food Storage Depot, Raghopur. In the petition it is contended that she belongs to a reserved category and she is being victimised and otherwise she is entitled to continuity of service and her services ought to be regularised.

In the counter affidavit there is an entirely different version. Firstly, by the Petitioner''s name there are two persons by the name of Sumitra Devi and each seems to be claiming continuous service on the same job. In the circumstances, this is not a matter which can be sorted out in a writ petition. Secondly, to claim continuous service is a concept which has to be reckoned by a reference before a Labour Court; a circumstance of industrial adjudication. The Petitioner-Appellant accepts on record that she may not have discharged 240 days continuously in a given year to claim continuous service.

In the circumstances, the writ petition, which Was filed, was clearly illadvised petition and not even bonafide.

Dismissed.