Bhanwar Singh, J. - (1.) All these writ petitions having common issues of law and facts are taken up together for final disposal with the consent of the parties counsel.
(2.) The common matrix of the petitioners cases is that all of them are the employees of Kisan Sahkari Chini Mills Limited. Sultanpur. They have been working on Class III and IV posts for the last many years. Some of these employees are working against the permanent posts for over a period ranging from 5 to 12 years. However, in spite of their long tenure of service, they have not yet been confirmed on the posts which are available (Writ Petitions at SI. Nos. 3, 5, 6, 7, 8, 9, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 24, 25, 26, 27, 28, 29, 30, 31, 33, 34, 35, 36, 37, 38, 39, 40. 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52, 53, 55, 56, 57, 58, 59, 60, 61, 62, 63, 64, 65, 66, 67, 69, 70, 71, 72, 73, 74, 76, 77, 78, 79, 80, 82, 85, 86, 87, 88, 89, 90, 92, 93, 94, 95, 97. 98, 99, 101, 103, 104, 104A, 105, 105A, 106, 107, 108, 109, 110, 115, 116 and 117). Some of the petitioners are not being allowed to join their duty. The Mill Authorities have asked them not to come on the job. In other words, their services have been terminated by mere verbal orders without any rhyme or reason (Writ Petitions at SI. Nos. 1, 2, 4, 10, 23, 32, 68, 75, 81, 83, 84, 91. 96, 100, 102, 111, 112, 113, 114, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137). The service conditions of the employees in Vacuum Pan Sugar Industries are governed by the 'standing orders' issued by the State Government. The petitioners are governed by the definition of 'seasonal and permanent workman' as defined in the standing orders and all of them are either seasonal or permanent workmen. Therefore, they are fully eligible and entitled to get all the benefits available under the said orders. But the opposite parties are exploiting their services as they are being compelled to work merely on daily wage basis. The petitioners have been deprived of the salary as per recommendation of the Third Wage Board set up by the Government of India aide resolution of July 17. 1985. The Government had already recommended on 21.12.1989 the report submitted by the said Wage Board. The State Government of U. P. also agreed to Implement the recommendations submitted by the Wage Board and accepted by the Government of India for maintenance of public order and supply of services essential to the life of communication. The Kissan Sahkari Chini Mills Limited. Sultanpur, being a co-operative society is an instrumentality of the State Government and, as such, is bound by the recommendations of the Third Wage Board. The U. P. Co-operative Sugar Factories Federation Limited Is an apex co-operative society of the State level societies and the objects of the Federation are to assist, coordinate and facilitate the working of the affiliated Co-operative Sugar Factories and to assist in promoting the organisation of the new Cooperative Sugar Factories in the State. In other words, the Federation is the supervisory authority of all the affiliated sugar mills and since the Federation is an instrumentality of the State of U. P. within the meaning of Article 12 of the Constitution of India, its functioning and also that of the co-operative sugar mills are amenable to the writ jurisdiction of this Court. Apart above, the Sugar Mill of Sultanpur is also an industry within the meaning of the Industrial Disputes Act. The petitioners were also paid bonus under the scheme of the Sugar Mill and their pass-books were being maintained regularly. Even then, their services were terminated by virtue of oral orders and without complying the provisions of the Industrial Disputes Act and Labour Laws. They were neither given any notice nor salary in lieu thereof. As a matter of fact, they deserve to be regularised in service on account of their long tenure but they have been victimised by terminating their services without any reasonable cause.
(3.) All these petitions have been resisted on behalf of the Sugar Mill with common pleas to the effect that on account of the Kisan Sahkari Chini Mills Limited being a Cooperative Society, the petitions are not maintainable as a co-operative society does not fall within the ambit of 'State' as defined under Article 12 of the Constitution of India; the petitioners should have resorted to an alternative remedy available under the U. P. Industrial Disputes Act ; the services of the petitioners are regulated by the 'standing orders' having no statutory force and that the petitioners' services were terminated because of their being surplus and also as their engagement was made without there being any sanctioned post. In the year 1995-96, the then outgoing General Manager had recruited 391 persons without any vacancy in a most arbitrary manner. Apart that, 147 persons were found unsuitable by the Committee which was constituted under the rules. In this way, 542 persons including four workers who did not appear in the interview were declared surplus. Otherwise also, the Sugar Mill, Sultanpur, is running under heavy loss of about 35 crores and even the cane growers are not supplying sugarcane to the mill due to default in payment of cane price. In fact, the petitioners were engaged through back door entry without availability of any work and post and. as such, they are not entitled to claim any relief.;