Jai Prakash Yadav And Others vs The General Manager Kisan Sahkari Mills ...
2024 Latest Caselaw 45 ALL

Allahabad High Court

Jai Prakash Yadav And Others vs The General Manager Kisan Sahkari Mills ... on 2 January, 2024

Author: Neeraj Tiwari

Bench: Neeraj Tiwari

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:37
 
Court No. - 33
 

 
Case :- WRIT - A No. - 6021 of 2000
 

 
Petitioner :- Jai Prakash Yadav And Others
 
Respondent :- The General Manager Kisan Sahkari Mills Ltd. And Others
 
Counsel for Petitioner :- Shyam Narain,Bhanu Pratap Singh,Suresh Singh
 
Counsel for Respondent :- A.K. Mishra,A.K.Singh,Ramakant Singh,S.C.
 

 
Hon'ble Neeraj Tiwari,J.
 

1. Heard Sri B.P. Singh, learned counsel for petitioners and Sri Ramakant Singh, learned counsel for respondents.

2. This writ petition under Article 226 of Constitution of India has been filed against order dated 06.11.1999 (Annexure-5 to the writ petition) passed by respondent-1, General Manager, Kisan Sahkari Chini Mill Ltd. Ghosi, District Mau rejecting petitioners' representation. Petitioners have also sought a writ of mandamus commanding respondents to pay full wages to petitioners in accordance with Third Sugar Wage Board Recommendations as payable in the scale of Clerical Grade-4 for the season 1991-92 and subsequent season as well as for the past season since 1984-85 in accordance with Second Sugar Wage Board Recommendations in Clerical Grade-5.

3. It is pointed out by learned counsel for petitioners that against similar order passed in another matter, which was challenged in Writ Petition No. 5635 of 2000 (Surendra Nath Singh Yadav v. The General Manager Kisan Sahkari Chini Mills Ltd.), this Court has allowed writ petition vide judgment dated 28.02.2018 and set aside order dated 06.11.1999. Operative part of said judgment reads as under:-

"Accordingly, the impugned order dated 06.11.1999 passed by the General Manager, Kisan Sahakari Chini Mills Ltd., Ghosi, District Mau is hereby quashed. The respondent aforesaid is directed to treat the petitioner as permanent employee w.e.f., August, 1991, when his result for permanent selection was declared by the respondent Mill and if he still continuing as daily wager, he shall be paid the difference of wages along with other allowances within a period of 2 months from the date of presentation of the certified copy of the order before the respondent no.1, the General Manager, Kisan Sahakari Chini Mills Ltd., Ghosi, District Mau.

The writ petition is allowed. No order as to costs."

4. A similar view has also been taken by this Court in Writ Petition No. 9253 of 2000 (Om Prakash Rai & Another Vs. State of U.P. & Others) decided on 13.12.2017 and Writ-A No.51876 of 1999 (Brijendra Kumar Singh and others vs. The General Manager Kisan Sahkari Chini Mill Ltd. and others) decided on 24.4.2019.

5. Counsel for respondents could not distinguish aforesaid judgment and hence, I find no reason to take a different view from the reason contained in above judgments.

6. In view thereof and for the reasons stated in aforesaid judgments, this writ petition is allowed in terms of judgment passed in Writ Petition No. 5635 of 2000 and Writ Petition No. 9253 of 2000.

Order Date :- 2.1.2024

Junaid