- (1.) PETITIONERS of writ petition No.9057 (S/S) of 1990 including the petitioner of writ petition No.5293 (S/S) of 1994 are the daily wagers working in Shravasti Sahkari Chini Mills Ltd. Nanpara, Baharich. This Mill is a Cooperative Society under U.P. Cooperative Societies Act with 100% shares of State Of Uttar Pradesh.
(2.) THE services of petitioners are governed by Standing orders of the Mill and rules of Sugar Wages Board. The management of the Mill decided to regularize the services of daily wagers like petitioners, but did not regularize the services of the petitioners. Consequently, an industrial dispute arose on behalf of Petitioners having case No.44 of 1990. During the pendency of industrial dispute, the services of the petitioners were terminated on 23.07.1990. The order of termination was challenged in Writ Petition No. 9057 of 1990 (S/S), wherein an interim protection has been extended to the petitioners vide order dated 05.09.1990 allowing them to continue in service and to pay the wages. When wages as per Sugar Wages Board were not paid, the petitioners filed a claim case under section 15 of Payment of wages Act. In this case the petitioners were awarded amount. The petitioner No.1 also found entitled to the amount of Rs.42384/ - The O.P. No.1 instead of filing the appeal under section 17 of payment of wages act filed a writ petition No.4490 of 1993 (S/S) and obtained the interim order staying the operation of order passed under section 15 of Payment of wages Act. In the meantime, industrial dispute reference case was referred by the State Government to Labour Tribunal and was pending on the date of presentation of Writ Petition No.5293 of 1994 (S/S). The Mill management issued a show cause notice on 20/21.07.1993 to the petitioner No.1 due to activities prejudicial to the interest of Mill management and ill mannered actions with other officers and employees of O.P. No.1. An FIR has also been lodged on 08.09.1994 by O.P. No.1, the Mill, against petitioner no.1 alleged to be arrested red handed while committing theft in the Mill premises. On 30.09.1994, the petitioner No.1 was dismissed from service as a daily wager. The industrial Dispute referred to Labour Court was decided against the petitioners vide order dated 15.10.1997 and the claim of regularization of petitioners was declined, the copy of which is annexed as Annexure No. 1 to the counter affidavit filed by O.P.s In writ petition No. 5293 of 1994 (S/S). From the perusal of this award, it appears that petitioner No.2,4,5,6 and 7 were absorbed in service on regular basis, so they withdrew from the proceedings. So far as petitioner No.3 Waziruddin is concerned, he did not contest the matter before labour court nor challenged the award. Consequently, the petitioner No.1 remains here to contest the proceedings.
(3.) THE petitioner No.1 was also acquitted of the charges of theft on 04.01.2002 by Chief Judicial Magistrate, Bahraich in case No.4627 of 1995. By means of Writ Petition No. 5293 of 1994 (S/S) Petitioner Mohammad Aslam Khan (the petitioner No.1 in Writ Petition No.9057 (S/S) of 1990) sought quashing of the aforesaid order dated 30.09.1994 (Annexure -7) terminating his services as a daily wager by issuing a writ order or direction in the nature of certiorari and by issuing a mandamus directing the opposite parties to treat the petitioner in continuous service with all consequential benefit including payment of salary and arrears of pay. It is pertinent to mention here that the petitioner did not challenge the award delivered by Labour Court wherein his claim for regularization has been declined.;