Tarun Chatterjee, J. - (1.) Leave granted.
(2.) This is an appeal by special leave against the judgment and order dated 26th of April, 2005 of the High Court of Judicature at Allahabad in CMWP No. 33014 of 1993 dismissing the writ petition of the appellant filed against the orders dated 17th of May, 1993 and 14th of July, 1993 passed by the Cane Commissioner and Regis trar Cooperative Cane Societies U.P., Lucknow (respondent No. 1) and the Special Secretary, Sahkari Ganna Vikas Samiti (respondent No.3) respectively.
(3.) The relevant facts leading to the filing of this appeal are as under. The Appellant is a registered Trade Union of the workmen employed by Sahkari Ganna Vikas Samiti Ltd., Shamli, respondent No. 4 herein. Before the High Court, one Late Shri. Niranjan Singh was the writ petitioner No. 2 along with the appellant and was a permanent seasonal clerk of the respondent No. 4 but he expired during the pen dency of the writ petition. U.P. Cane Cooperative Service Regulations, 1975 (in short the Service Regula tions, 1975) were framed under section 122 of the U.P. Cooperative Societies Act, 1965 which superseded the Cane Cooperative Service Rules, 1963. These regula tions provide for the recruitment, emoluments, terms and conditions of service etc. of the employees, permanent as well as seasonal, of the Cooperative Cane Develop ment Union or Ganna Sahkari Vikas Samitis established in the State of UP for pur chase of sugar from its sugar growing members for Supply to various sugar facto ries. Under the Service Regulations, 1975, Crushing Season was defined in Regu lation 2(n) as follows : Crushing season means, the period as defined in U.P. Sugarcane (Regulation of Supplies and Purchase) Act, 1953, U.P. Act No. XXIV of 1953 Section 2(i) of the U.P. Sugarcane (Regulation of Supplies and Purchase) Act, 1953 in turn defines Crushing Season as follows : Crushing Season means the period beginning on the 1st October in any year and ending on 15th July next following. The Cane Commissioner of Cooperative Cane Societies, Uttar Pradesh by an order dated 17th of May, 1993 replaced the definition of Crushing Season as provided in the Service Regulations, 1975 with the following definition :- Crushing season means the period commencing from the date when the crushing of sugarcane in concerned sugar factories commences till the date when crushing ends. It is the case of the appellant that due to this amendment, the length of the employ ment of the seasonal workmen and also their wages was affected. Further, all the seasonal workmen were placed in the same position as prior to 1975 regulations, which made their employment at the whims and fancies of the employer exposing the workmen to all vulnerable tactics of the employer. Since a lot of work is required to be done before actual crushing starts and comes to an end, like management of movement of sugarcane, extension of loans to the cane growers, Supply of fertiliz ers, recovery of loans, etc. hence employment of seasonal workers could not be made limited to the crushing period only. On these grounds, the appellant filed a writ petition before the High Court of Allahabad challenging the order dated 17th of May, 1993 and the order dated 14th of July, 1993 whereby the services of Late Shri. Niranjan Singh (writ petitioner No. 2 before the High Court) were terminated. The High Court, as noted herein earlier, rejected the writ petition of the appellant. It is this order of the High Court, which is impugned in this appeal in respect of which leave has already been granted.;