- (1.) Petitioners, who are 18 in number, have prayed for issuance of a writ of mandamus directing the respondents to accept their joining as seasonal employees, and to allow them to work on their respective posts and pay their wages as per rules from the start of new Cane Crushing Season beginning from 1st October, 2015 and to continue till 15th July, 2016. All the petitioners claim to be the employees of Co-operative Cane Development Society, Basti i.e. respondent no.5.
(2.) It is contended that employer Co-operative Cane Development Society is a Co-operative Society, registered under the provisions of the U.P. Co-operative Societies Act, 1965. According to the petitioners, their service conditions are governed by statutory regulations, known as Uttar Pradesh Cane Co-operative Service Regulations, 1975, which have been notified in the U.P. Gazette on 18th October, 1975 (hereinafter referred to as the 'Regulations of 1975').
(3.) Chapter VI of the Regulations provides for categorization of entire seasonal staff into Categories 'A' and 'B', on the basis of their work and worth during the season. Persons possessing unquestionable integrity having discharged their duties efficiently during the crushing season are to be placed in Category 'A', whereas all other staff is required to be placed in Category 'B'. Regulation 26, which is relevant for the present purposes, provides for automatic re-employment in the next season of the seasonal staff placed in Category 'A'. Regulation 26 of the Regulations of 1975 is reproduced:- "26. The staff placed in category "A" shall be automatically re-employed in the next season unless the strength of seasonal staff has been reduced in any particular year to such an extent that it may be possible to re-employ all such staff.";