JUDGMENT 1] The Industrial Court has dismissed Complaint (ULP) No. 369 of 1991 on 26.11.2008, claiming permanency in the employment by dailywagers. The Industrial Court has held that the complainants have failed to establish that they have continuously worked for 240 days during the period 1985 to 1992. The Court further proceeded to hold that even if it is assumed that the complainants have established 240 days continuous service in each preceding year, that by itself is not enough to grant the complainants permanency in service in the absence of sanctioned posts. The Court has held that admittedly in the present case, the complainants have not placed on record any material to show that there were any vacant or sanctioned posts in the fruits nursery run by the Horticulture Department. There is no challenge to this finding. In view of this, no fault can be found with the view taken by the Industrial Court. The writ petition is dismissed. 2] The learned counsel Shri Saboo appearing for the complainants submits that under subsequent Government Resolution dated 31.01.1996, the persons who have completed 5 years continuous service were held entitled to permanency in service. The present complaint was filed on 21.07.1991 when the Government Resolution dated 31.01.1996 was not in existence. If the complainants are entitled to regularization on the basis of such Government Resolution, it will be open for the complainants to agitate such grievance in appropriate proceedings and the judgment and order impugned shall not come in the way of the employees.