Narayan Shukla, J. - (1.) HEARD Mr. Uttam Kumar Verma, learned Counsel for the petitioners and Mrs. Madhu Singh, learned Counsel for opposite parties 2 to 4 as well as learned Standing Counsel. The petitioners were permanent Seasonal Clerks in the office of the Respondents and their services have been illegally stopped in mid -crushing season which is in violation of the order passed by the Apex Court in Civil Appeal No. 2727 of 2008, U.P. Cane Union Employees Federation Ltd. v. Cane Commissioner & R.C.C.S. and others.
(2.) IT is contended that the petitioners are entitled to continue in service till 15th of July, 2009 for the crushing season 2008 -09 in view of the judgment rendered by the Apex Court in Civil Appeal No. 2727 of 2008, U.P Cane Union Employees Federation Ltd. v. Cane Commissioner & R.C.C.S. and others and that the impugned order dated 6.2.2009 passed by the opposite party No. 1 is in the teeth of the judgment of the Apex Court. Learned Counsel for the petitioners further submits that the U.P. Cane Cooperative Service Regulations, 1975 have been framed under section 122 of the U.P. Co -operative Societies Act, 1965, which came into force after its publication in extraordinary Gazette dated 18th of October, 1975 whereas the impugned order has been passed in exercise of powers purported to have been conferred under section 121 of the U.P. Co -operative Societies Act, 1965 and that since Regulation, 1975 has been framed under section 122, the same cannot be amended in exercise of power under section 121 of the Act, 1965.
(3.) HE also submits that the Registrar has passed the impugned order under section 121 of the Act with mala fide intention only to circumvent the mandatory approval of the State Government under section 121 under which Regulation, 1975 has been framed and that the impugned order dated 6.2.2009 amending the definition of crushing season is illegal, arbitrary and without jurisdiction.;