A writ petition under Article 226 of the Constitution is not maintainable for the determination of industrial disputes when an alternative remedy is available under the Industrial Disputes Act, 1947.

( 1 ) THE petitioner-Union has prayed for the following reliefs:

(I) Issue an appropriate writ, order, or direction in the nature of mandamus commanding the respondents to regularise the services of the casual workmen mentioned above with retrospective effect i. e. from the date they got their first appointment. (ii) Direct respondents to follow the directive of equal pay for equal work and to pay the casual workmen accordingly.

( 2 ) THE petitioner is praying for regularisation of the servicc of the casual labourers, who according to the petitioner-Union, have been working with the first respondent since 1985 as operators, loaders and peons. Accordingto the petitioner-Union the nature. of the work done by the workers is of permanent nature. The petitioner-Union has given a list of workmen who according to petitioner-Union are entitled to regularisation and to payment as permanent workmen on the basis of equal pay for equal work. It is stated in paragraph 7 (iv) of the writ petition as under:

"it is humble submission of the petitioner that as against a strength of 250 permanent employees, 200casual labourers have been engaged by the respondent No. 2 in different capacities such as operator, loader and peon for the last many years. The nature of job that they are perform ing is of permanent nature. Still the management does not regularise them. It keep on terminating the services of the casual workmen and again reappointing them so that they do not put in regular service and claim even the minimal retrenchment benefit. Needless to say, the same is being done by an organ of State to exploit cheap labour, a practice reminiscent of primitive capitalism. It is humble submission that the same is not only legally untenable underindustrial Disputes Act, it is also opposed to human dignity, constitutional propriety and civilized norms of any society that believes in Socialist values. More so, when the exploiter is not an individual, but the State itself. "

( 3 ) IT is further stated that there is great disparity between the salary paid to the casual workers and the permanent workmen. According to the petitioner-Union the first respondent has not evolved a scheme of absorption as laid down by the Supreme Court in various cases.

( 4 ) ON 4. 4. 1994 the first respondent filed its reply. It is stated in paragraph 1 in parawise reply as under:

"in reply to the contents of paragraph I of the writ petition, it is denied that the daily rated casual workmen, whose names have been set out in paragraph 7 (v) of the writ petition, are performing jobs of permanent nature. It is submitted that the respondent-company is engaged in the manufacture and supply of bread which is an essential commodity and because any disruption in the production of the said product could have wider repercussions. People, it is submilted, are appointed on daily wage basis to work in the place of workmen discharging various duties in the unit who absent themselves from time-to-time. People are employed on daily wage basis to work in place of these absentee employees. These casual workers working in the respondent-Company are considered for regular appointment as and when any vacancy arises. There is a selection procedure provided to fill up the regular post in the respondent-Company and as and when the vacancy arises, in accordance With the said procedure the employees are called for interview and after taking into account their past performance and their date of seniority, they are considered for regular appointment. It is incorrect that holidays and national holidays are denied to casual workmen. Holidays, it is submitted, are given to them in accordance with the provisions of law including the factories Act. "

( 5 ) THE respondent has explained its position by stating at page 47 of the reply affidavit as under :

"since the nature of work of the respondent-Company is to manufacture and supply the essential commodity, any disruption or production would affect the