N. L. Ganguly, J. - (1.) These two petitioners are working at the U.P.State Mineral Development Corporation (hereinafter referred to as the "Corporation) at Allahabad who had been given work since 15th October, 1987, as daily wage workers. While posted at Lalapur Silica Sand Mines, Allahabad, the petitioners received notice calling for an explanation from them to show cause why disciplinary action be not taken against them (a copy of the said notice is annexed with the petitions as Annexure '5' to the petition. The petitioners submitted their reply to the aforesaid show cause notice, a copy whereof is also annexed with the petition. The respondents had stayed payment of salary to the petitioners after June, 1990. A writ petition was filed by the petitioner through the Karmchari Sangh of the Corporation, being Writ Petition No. 3392 of 1990, seeking a writ of mandamus for regularising the services of the petitioners, and also for making payment of salary. The respondents by an order dated 25.6.1990 transferred a large number of workmen to Muir Road (Circular Road Office of the unit of the Corporation). The petitioners annexed copy of the attendance register w.e.f. 10.8.1990 onward to show that they were sent from Naini to Allahabad (Circular Road Office) to work. On 1.9.1990, the petitioners were directed to attend the loading site of Naini. The respondents were not paying the salary to the petitioners, hence an application was submitted by the petitioners to the Mining Engineer on 29.9.1990. Reminder was also submitted on 4.10.1990 and 19.10.1990. The petitioners though worked for more than 3 years, they have not been regularised, while in law they should be treated to have been regularised. The respondents had neither passed any orders terminating the services or retrenching them from the service.
(2.) Another 29 workmen who were working with the respondent Corporation had also been treated in the same manner by the employers. The retrenchment of those 29 workmen (employees) was made on the ground that the management had been transferred to an English firm, vis. the Hepoorth Co., and as such the employees were being retrenched. Those 29 workmen (employees) filed a Civil Misc. Writ petition No. 29537 of 1990 : Umesh Chand Pandey, and others v. U. P. State Mineral Corporation and others . The petition was heard and finally decided by me by the judgment dated 4.2.1991. The petition was allowed and the orders for retrenchment of the workmen was quashed. The respondents were directed to regularise the services of the petitioners on their respective posts and to pay to them salary in the pay-scale of other regularised employees of the Corporation on the respective posts within 60 days. It was made clear that the respondents shall permit the workmen-petitioners to join their duties within 2 weeks from the date of the judgment and continue paying wages at the old rate till the order of regularisation is passed. It is worth-mentioning that the said judgment was also challenged before the Hon'ble Supreme Court by the respondent-employers and the Hon'ble Supreme Court was pleased to confirm the judgment of this Court with a direction to extend the period of regularisation to one year.
(3.) The present petition is by the workmen of the respondent-Corporation who had also approached this Court through a writ petition on 8.1.1991. The present petitioners seek the same relief as was sought by the earlier petitioners (Workmen-employee) of the corporation.;