J.C. Gupta, J. - (1.) The present petition has been filed by 'Ans Kalin Nal Koop Chatak Association', a registered Association, which is affiliated to Hind Mazdoor Sabha, Uttar Pradesh, Lucknow, on behalf of its five members, namely. Jagdish Kumar Trivedi. Ramesh Chandra Singh Verma. Ram Bilas Berlya, Nand Lal and Bishan Lal.
(2.) By means of this petition, the petitioners have challenged the termination orders dated 23.11.91 passed by respondent No. 3, whereby the services of the aforesaid persons have been terminated. The said persons were initially appointed on 6.2.85 as part time Tubewell Operators. It is alleged that although at the time of appointment they were asked to operate the Tubewell only for a period of two and a half hours per day but in practice from the very first day of their appointment, they were required to discharge eight hours duty as were being discharged by full time Tubewell Operators. The said persons were Initially appointed purely on temporary basis, but they were allowed to work continuously with some very short artificial gaps on papers without there being any kind of gap or interruption in continuation of service. They were appointed on a meagre fixed salary of Rs. 299 per month, while the regular Tubewell Operators were paid salary of Rs. 950 per month. Respondent No. 3 adopting a formula of pick and choose and to hire and fire without there being any reason of rhyme abruptly issued termination orders on 28.11.91 in violation of Fundamental Rights guaranteed under Articles 16 and 311 of the Constitution inasmuch as there was no dearth of work in the Tubewell Division and there was no adverse entry against the said members of the Association. They were not given any opportunity of hearing before the passing of the impugned orders. It is further stated that while the services of the aforesaid members of petitioner's Association were terminated adopting the formula of pick and choose, the persons junior to them have been retained in service, whose names have been given in paragraph 22 of the writ petition.
(3.) The petitioner's Association has prayed that the termination orders as contained in Annexure 7 to Annexure 11, terminating the services of the aforesaid five members be quashed and a writ of mandamus be issued commanding the respondents to pay to them a salary of Rs. 950 similar to their counterparts namely, the full time Tubewell Operators.;