Anil Kumar, J. - (1.) HEARD Shri Nand Kishore, learned counsel for petitioners and Shri V.S. Tripathi, learned Additional Chief Standing Counsel for opposite parties.
(2.) PETITIONERS were appointed as daily wagers on the post of Mali (Gardeners) in the Forest Department, State of U.P. in the Social Forestry, engaged in the production and sale of various plants, trees and vegetables. The details of the petitioners' appointment as per record is as under: - JUDGEMENT_767_LAWS(ALL)1_2012.htm As per submission made by learned counsel for the petitioner there is a trade union of the employees who are working as daily wagers in the Forest Department known as "Van Vibhag Shramik Sangh" (hereinafter referred as sangh) registered and affiliated to Bhartiya Mazdoor Sangh, engaged in welfare activities for the employees of Forest Department.
(3.) THE Sangh raised a demand for regularization of services of the employees who are working in the Social Forestry Branch of the Forest Department but no heed has been paid by the State Government. So, an industrial dispute came up for consideration before the appropriate authority in the year 1994 where the parties failed to compromise and thus, the State Government made a reference vide notification dated 14.6.1986 to the Industrial Tribunal under Section 4K of the U.P. Industrial Disputes Act. During the pendency of the matter before the Industrial Tribunal, the official respondent issued an advertisement in the month of March, 1987 in the local news paper "Jan Morcha" inviting applications for recruitment on the post of 44 Mali and Chowkidar.;