Court No. - 62
Case :- WRIT - A No. - 7320 of 2002 Petitioner :- Kailash Rai Respondent :- State Of U.P. Thru' Secy. Ganna Vikas Chini Udyog & Others Counsel for Petitioner :- B.P. Singh,R.S. Shukla Counsel for Respondent :- C.S.C.,A.K. Singh
Hon'ble Rajiv Joshi,J.
Heard learned counsel for the petitioner, learned Standing Counsel for the respondent no.1 and Sri A.K. Singh, learned counsel appearing for the respondents no. 2, 3 and 4.
This writ petition has been filed seeking writ of mandamus directing the respondents to declare the petitioner as a regular permanent employee and also pay his wages/salary of clerical Grade-IV and pay the same, when it become due.
As per the case of the petitioner, the petitioner was appointed as clerk in the Kisan Sahkari Chini Mills Ltd. Ghosi, District Mau on daily wages and since then he is continuously working in the mill and even services of the petitioner found satisfactory by his employer.
It is submitted by learned counsel for the petitioner that due to long continuous working, the petitioner is entitled to be treated as permanent seasonal employee of the mill under the standing order of 1988 enforced under Section 3 (b) of U.P. Industrial Disputes Act, which are applicable to the sugar factory of the State including mills. It is further submitted by learned counsel for the petitioner that seniority list of the daily wagers were made by the Chief Sugarcane Officer, in which the name of the petitioner finds at serial no. 35. It is further submitted by learned counsel for the petitioner that juniors to the petitioners, whose name shown in the said seniority list, has been regularized. It is further submitted by learned counsel for the petitioner that respondent authorities till date did nothing in considering the matter for the regularization of the service of the petitioner in spite of the fact that petitioner represented the matter before the concerned authorities.
Since, there is no order in black and white, therefore, it is expected in the interest of justice that the petitioner be directed to file detailed representation annexing all the relevant documents before the General Manager, Kishan Sahkari Chini Mills Ltd. Ghosi, District Mau within a period of three weeks, who shall consider and pass appropriate order within another three months from the date of production of certified copy of this order.
Accordingly, writ petition is disposed of.
Order Date :- 29.3.2018 Noman