KRISHI UPAJ MANDI SAMITI Vs. MUKESH KUMAR SHARMA

JUDGEMENT

(1.) Leave granted.

(2.) The appellants were appointed as daily-wagers. These appeals have been preferred from an order of the Division Bench by which the Division Bench of the High court had directed the reinstatement of the respondents in service with back wages.

(3.) The facts of the case in all these appeals are substantially similar. We therefore, take up the case of Mukesh Sharma as the leading case. The respondent mukesh Sharma was appointed in 1991 as a daily-wager by the appellant. On 30-9-1994, a writ petition was filed by several workers including Mukesh Sharma for regularisation. The writ petition was disposed of by a direction to the Government to decide whether the workers were seasonal or not. It was made clear that the fact that workers had not been appointed by the competent authority, would not be relevant. It was also made clear that the provisions of Section 25f of the Industrial Disputes Act would be applicable to the seasonal workers. However, in case the workers were not in employment of the appellant Samiti, the samiti was free to pass any order as the facts and circumstances warranted.