Harish Kumar, J. – Heard Mrs. Kanak Verma, learned counsel appearing on behalf of the petitioner, Mr. Kaushalesh Choudhary, learned counsel for the respondent no.4 and Mr. Raghwendra Kumar, learned counsel for the State.

2. By invoking the extraordinary writ jurisdiction of this Court under Article 226 of the Constitution of India, the petitioner seeks following reliefs: –

“(i) For quashing of the Award dated 24.02.2016 passed by Sri Bipin Dutta Pathak, the Presiding Officer, Industrial Tribunal, Patna in Reference No.04 of 2014 by virtue of which it has been held that workman Sri Umesh Kumar is in continuous service and workman has right to absorption having been engaged for the considerable period of time regularly even though on daily wages, and hence Management (Post Master General, North Bihar Circle, Muzaffarpur) is directed to given him a permanent status of a permanent regular employees with immediate effect with all consequential benefits after 09.08.2002.

(ii) For quashing of the impugned Notification no. L-40017/78/2013-1 R (DU) dated 06.02.2014 issued by the Respondent Government of India, Ministry of Labour, New Delhi whereby the Award passed by the Industrial Tribunal Patna Bihar under Reference no.04 of 2014.

(iii) For a declaration that the respondent workman not being covered by the definition of workman prescribed under the Industrial Dispute Act, 1947 the Reference of the dispute by the Respondent Ministry of Labour Government of India itself is illegal and without jurisdiction and bad in the eye of law.

(iv) For a declaration that the Reference of the dispute raised by the National Life Insurance Employees Association on behalf of the Respondent workman itself being not an industrial dispute within the meaning of the Act, the impugned Award is bad in law and been passed without jurisdiction as such liable to be quashed by this Hon’ble Court and for any other relief(s) for which the petitioner may legally be found entitled to in the facts and circumstances of the present case.

3. The short facts which led to the filing of the present writ application is that the respondent no.4 was engaged/appointed on daily wages as Sweeper in the month of 1999 in the office of Head Post Office, Muzaffarpur.

4. From the materials on record, it is evident that on account of retirement of one Shri Ram Gopal Ram, who was working as sweeper, the post became vacant, against which the petitioner has been performing his duty of sweeper regularly. In the year 2002, the Senior Post Master, Muzaffapur issued a letter dated 03.08.2002, by which he recommended to grant temporary status to the respondent no. 4 and two other similarly situated persons, namely Sri Vishwa Vijay Kumar and Sri Brij Bhushan Prasad. On the basis of the aforesaid recommendation, the services of the respondent no.4 along with aforesaid two persons had given temporary status vide Order No. Sr. P.M./MISC/2002 dated 09.08.2002, a copy of which has been annexed as Annexure-R/2. After working so many years, when the service of the respondent no.4 has not been regularized by the authority concerned, he filed representation before the Post Master General, North Region, Muzaffarpur, on 21.11.2011 submitting therein that he is possessing Intermediate qualification and has been working on vacant and sanctioned post of Sweeper on the basis of daily wages since 1999, in the meantime, the services of the several junior persons have been confirmed but his case has not been considered. Hence, he prayed for regularization of his services.

5. When the grievance of the respondent no.4 has not been redressed by the concerned authority, he approached before the Regional Labour Commissioner (Central), Patna on 04.12.2012. Thereafter, a notice was issued to the Senior Post Master, Muzaffarpur. In response to the aforesaid notice, he filed a reply negating the claim of the respondent no.4.

6. It would be relevant to mention here that on 06.02.2014, vide Notification No. L-40011/78/2013-IR (DU