- (1.) In this application under Article 226 of the Constitution of India, the petitioners, inter alia, pray for a writ in the nature of mandamus restraining the respondents from issuing a separate list of holidays for the operational staff of Garden Reach Water Works of Calcutta Metropolitan and Sanitation Authority for 1989 and/or subsequent years a writ in the nature of mandamus to cancel and withdraw and to forbear from giving effect and/or further effect to the impugned notices of the officer-on-Special Duty dated December 22, 1983 to explain why the said petitioners should not be punched fear hang absented themselves from duty specified in the said notice which is Annexure 'L' to the petition and for a writ in the nature of mandamus commanding the respondents to pay overtime (double rate of daily wages) to the petitioners in addition to tom and travelling allowances for working on holidays as per general list of holidays. At the outset it was pointed out to the learned Advocate appearing for the petitioner that in any single writ petition, mutually exclusive grievances cannot be agitated and clubbing together. of different causes of action are not permissible in a single petition. Mr. Rabindra Mitra learned senior advocate appearing for the petitioners submitted that his clients will not pray for any relief under prayer (B) relating to the show cause notices which is Annexure 'L' series as they are given liberty to agitate the said grievance in a separate writ petition. So far as the prayers (A) and (C) are concerned they are not necessarily mutually exclusive and as such the petitioners can agitate both the grievances in the same petition.
(2.) The matter was contested by the different sets of respondents by filling affidavits and making oral arguments.
(3.) The petitioner No. 1 is the Calcutta Metropolitan Water and Sanitation Authority Employees' Association and the petitioner Nos. 2 to 31 are members of the said association,;