1 2025:CGHC:3992 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 6791 of 2021 1 - Lakhanlal Gandharv S/o Khorbahra Ram Gandharv Aged About 60 Years R/o Pandatarai, Gram Panchayat And Tahsil Pandatarai, District- Kabirdham, Chhattisgarh., District : Kawardha (Kabirdham), Chhattisgarh ... Petitioner versus 1 - State Of Chhattisgarh Through The Secretary, Urban Administration And Development Department, Atal Nagar, Nawa Raipur, Chhattisgarh., District : Raipur, Chhattisgarh 2 - The Collector District- Kabirdham, Chhattisgarh., District : Kawardha (Kabirdham), Chhattisgarh 3 - The Chief Municipal Officer Nagar Panchayat, Pandatarai, District- Kabirdham, Chhattisgarh., District : Kawardha (Kabirdham), Chhattisgarh ... Respondents For Petitioner : Mr. Abdul Moin Khan, Advocate For State : Ms. M. Asha, Panel Lawyer For Respondent No. 3 : Mr. Sourabh Sharma, Advocate Hon'ble Shri Justice Narendra Kumar Vyas Order on Board 22.01.2025 1. The petitioner who was an employee of Nagar Panchayat, Pandatarai, District Kabirdham has filed the instant writ petition with a prayer that his services may be regularized in terms of the circular dated 08.03.2008 issued by the State. 2. Learned counsel for the petitioner would submit that the petitioner initially was appointed as Daily Wager in the year 1990 in Gram BHUMIKA ANGARE Digitally signed by BHUMIKA ANGARE Date: 2025.01.24 11:00:24 +0530 2 Panchayat, Pandatarai and since then he has been working as Daily Wager and is working for more than 21 years therefore, he is entitled for regularization. It is also the case of the petitioner that other daily wages employees have already been regularized whereas he has been discriminated, thus he would pray for regularization. 3. On the other hand learned counsel for respondent No. 3 would submit that whether the petitioner is employed in the year 1990 or not is a disputed fact which can be ascertained with evidence. Even otherwise the Panchayat is an industry as defined under Section 2(j) of the Industrial Disputes Act, 1947, therefore, the writ petition is not maintainable. 4. I have heard learned counsel for the parties. 5. Considering the fact that the disputed facts are involved and Nagar Panchayat is an industry as defined under Section 2(j) of the Industrial Disputes Act, as such, the instant writ petition is disposed of granting liberty to the petitioner to raise industrial dispute regarding his regularization or any other consequential benefits before the Assistant Labour Commissioner if the matter is not settled then he will refer the matter to the State Government, and thereafter the State Government which appropriate Government will send the matter to Labour Court for adjudication, in accordance with law. 6. With this direction the instant writ petition disposed of with aforesaid liberty granted in favour of the petitioner. Sd/- (Narendra Kumar Vyas) Judge Bhumika