Rakesh Tiwari - (1.) HEARD the learned counsels for the parties and perused the record. Since common question of facts and law are involved in these writ petitions, they are being decided by this common judgment treating Civil Misc. Writ Petition No. 14047 of 1989, Baleshwar Singh and others v. Special Secretary and others, as leading case.
(2.) THESE writ petitions have been filed challenging the validity and correctness of the orders dated 26.6.1989 and 1.7.1989, passed by the District Cane Officer, Meerut and Special Secretary, Mawana, Co-operative Cane-Union Ltd., appended as Annexures-6, 7A to 7J to the writ petitions. By the aforesaid impugned orders, the petitioners have been reverted from the post of Seasonal Clerk to the post of Purchi Distributor. Briefly stated, the facts of the case are that the petitioners claim that they were initally appointed as Purchi Distributors but duties of Seasonal Clerks were being taken from them by the employers. Since the petitioners were not given the designation and pay scale of Seasonal Clerks, an industrial dispute was raised by way of conciliation proceedings. The parties entered into a settlement on 7.10.1985 vide Annexure-3 to the writ petition during the conciliation proceedings. The settlement contains the signatures of authorized representatives of the petitioners and Secretary on behalf of the respondent Nos. 3 and 5 as well as that of Regional Conciliation Officer, Meerut. In pursuance of the said agreement, designation and pay scale of Seasonal Clerks were given to the petitioners. It is claimed by the petitioners that District Cane Authority, Meerut-respondent No. 5, who is appointing authority of the Seasonal Clerk, approved the settlement aforesaid which is evident from his letter dated 21.1.1986, addressed to respondent No. 3, appended as Annexure-4 to the writ petition.
(3.) THEREAFTER respondent No. 3 issued appointment letters to the petitioners, appended as Annexure-5 to the writ petition. The petitioners claim that they were paid salary of the post of Seasonal Clerk for the seasons 1985-86 to 1988-89 but were illegally reverted to the post of Purchi Distributor vide order dated 1.7.1989, appended as Annexures-7A to 7J to the writ petition, passed by Special Secretary, Mawana Ganna Sahakari Samiti-respondent No. 1. It is alleged that before their respective impugned reversion orders were passed, no opportunity of hearing was afforded to them.;