KISAN SAHKARI CHINI MILLS LTD Vs. AWADHESH SINGH

JUDGEMENT

(1.) Respondent was appointed on daily wages basis, as Sheet-Writer/Weighment Clerk in the appellants' sugar mill(hereinafter referred to as the mill)in crushing season 1988- 89 and it is claimed that he continued to work in that capacity in subsequent Seasons upto 1990-91, but when the mill re-opened in the next crushing season on November 8, 1991 he was not called to join his duties. Accordingly he filed the writ petition for writ of mandamus directing the appellants, who are arrayed therein as respondents, to permit him to resume his duties as permanent Seasonal Sheet-Writer/Weighment Clerk in the mill. Prayer for payment of wages/salary from November 8, 1991, was also made. The appellants filed counter-affidavit in the above mentioned writ petition and in reply thereto the respondent has filed rejoinder affidavit. Supplementary counter and rejoinder affidavits were also exchanged between the parties,

(2.) Writ petition of the respondent was allowed by learned single Judge and directions were issued to the appellants to treat the respondent as seasonal workman and to give him the benefit and privilege admissible to such a workman under standing orders, 1988, read with notification issued under Section 3(b) of the U.P. Industrial Disputes Act. Appellants being aggrieved by the above judgment, have filed this appeal. We have heard learned counsel for the appellants and learned counsel for the respondent.

(3.) The claim of the respondent to the effect that he worked in the whole crushing season of 1989-90 and continued to work in subsequent crushing season upto 1990-91, has been disputed by the appellants in the counter-and supplementary counter affidavits, wherein it has been stated that respondent was appointed on daily wages basis to meet the additional work which arose due to the notification of the cane Commissioner, whereby eight new cane centres, which were earlier in reserve area of other sugar mills, were allotted to the mill. It was further stated that the respondent did not work for the whole crushing season in any of the crushing seasons, right from 1988-89 to 1990-91.