High Court Dismisses Writ Petition by Daily Wagers Seeking Regularization and Back Wages Due to Suppression of Facts and Prior Adjudication -- Municipality's Termination Under Industrial Disputes Act Upheld

Nature of Litigation: Writ petition under Articles 14, 16, and 226 of the Constitution of India seeking regularization and back wages for daily wagers

Remedy Sought

Petitioners asked the High Court to issue a Writ of Mandamus directing the Municipality to regularize their services, pay arrears with interest, restrain termination, and award costs

Filing Reason

Petitioners, employed as daily wagers for over 15 years, sought regularization and protection from termination after the Municipality issued a termination notice

Previous Decisions

Earlier petition, Special Civil Application No. 7160 of 2016, was disposed of on 2nd May, 2016, with directions to the Collector to consider the claim -- Collector's report dated 3rd August, 2017, opined against regularization

Issues

Whether the writ petition is maintainable given the suppression of material facts regarding the Collector's report and termination notice Whether the petitioners are entitled to regularization and back wages despite prior adjudication and lawful termination process

Submissions/Arguments

Respondent Municipality argued that the petition is not maintainable due to suppression of facts and prior adjudication -- The Collector's report and termination notice under Section 25(F) of the Industrial Disputes Act, 1947, were not disclosed Petitioners argued that they were unaware of the notice and report before filing the petition -- They relied on the Dharam Singh case to support claims for regularization based on long service

Ratio Decidendi

Suppression of material facts in a writ petition can render it non-maintainable under Articles 14, 16, and 226 of the Constitution of India -- Where prior adjudication has addressed similar reliefs and lawful procedures like termination under Section 25(F) of the Industrial Disputes Act, 1947, have been followed, courts may decline to grant discretionary relief -- Long service alone does not automatically entitle daily wagers to regularization if other legal requirements are not met

Judgment Excerpts

The relief which has been sought in the present petition was also sought in an earlier petition, being Special Civil Application No. 7160 of 2016 filed by the petitioners, which was disposed of by this Court vide its order dated 2nd May, 2016 It is submitted that pursuance to the aforesaid report, respondent No. 2-Municipality decided to terminate the services of the petitioners, and thereby served them the notice dated 21st August, 2017 as per Section 25(F) of the Industrial Disputes Act, 1947 Having heard learned Advocates appearing for the respective parties and considering the objections so raised by the respondent No.2 as regards the suppression of facts by the petitioners is concerned, it is not in dispute that while filing the earlier petition by the petitioners, being SCA No. 7160 of 2016, the very same prayers which are made in the present petition had been made

Procedural History

Petitioners filed Special Civil Application No. 7160 of 2016, disposed of on 2nd May, 2016, with directions to the Collector -- Collector's report dated 3rd August, 2017, opined against regularization -- Municipality issued termination notice under Section 25(F) of the Industrial Disputes Act, 1947, on 21st August, 2017 -- Petitioners filed current writ petition on 22nd August, 2017 -- Notice was refused by petitioners on 24th August, 2017 -- High Court heard arguments and dismissed the petition on 13th January, 2026