S.R. Singh, J. - (1.) Chandra Bhushan Sahi, Deena Nath Yadav and Ajai Kumar Singh have filed writ petitions No. 4523 of 1992, 5636 of 1992 and 4483 of 1992 respectively. The principal question involved in each of these petitions is as to whether Chandra Bhushan Sahi, Deena Nath Yadav and Ajai Kumar Singh are entitled to be treated as seasonal workman in relation to the respondents Mills within the meaning of Standing Orders, 1988 read with Notification No. 668 (HI)/XXXVY-2-l 15 (HI)-89 dated Lucknow January 31, 1991 issued by the State Government in exercise of its power under sub-clause (b) of Section 3 of the U. P. Industrial Disputes Act, 1947 with a view to implementing recommendations of Wage Board constituted by the Government of India and get the benefits and privilege of a seasonal workman under the provisions of the Standing Orders, 1988 and the Notification dated 31-1-1991 referred to above. As such with the consent of the parties Learned counsel, these writ petitions were heard together for being disposed of by a common order.
(2.) The petitioner Chandra Bhushan Sahi was appointed Sheet Writer/Weighment clerk in the respondent Mills for the first time in crushing season 1988-89 and Worked for the whole of the season and was allowed to continue as such in the subsequent seasons 1989-90 and 1990-91. His grievance is that having worked continuously for three crushing seasons, he was entitled to be treated as seasonal workman within the meaning of the terms as defined in the standing order and entitled to its benefits, but, it is alleged, he was denied engagement and other benefits admissible to a seasonal workman in the crushing season following 1990-91. It is alleged in the writ petition that he has been denied employment in the Mills on account of the illegal direction contained in the impugned letters dated 12-8-1991, 16-8-1991 and 24-8-1991. Aggrieved he has come up to this court under Article 226 of of the Constitution seeking issuance of a writ of certiorari quashing the orders contained in the letters dated 12-8-1991, 16-8-1991 and 24-8-1991, and for writ of mandamus directing the respondents including the General Manager of the Mills to permit him (petitioner No. 1) to discharge his duties as Sheet Writer/Weighment Clerk in the Mills and pay his wages admissible under the Notification implementing the recommendations of the Wage Board.
(3.) The petitioner Deena Nath Yadav was appointed dak-runner in the Mills for the first time in the crushing season 1988-89 and he discharged his duties as such for the whole of the season 1988-89 including the period during the second half of the season. He also worked in the same capacity in the subsequent crushing seasons 1980-90 and 1990-91. His case is that having worked for three consecutive seasons he acquired the status of a seasoned workman and as such is entitled to the benefits and privileges admissible to a seasoned workman under the provisions of the Standing Orders, 1988 and the Notification dated 31-1-1991 referred to here-in-before. He has come up to this Court under Article 226 of the constitution seeking issuance of a writ of mandamus directing the respondents to permit him to resume his duties as permanent seasonal dak-runner' in the Mills and pay his wages since 8-11-1991 in unskilled grade specified in the Notification dated 31-1-1991.;