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1993 Supreme(All) 306

S.C.MATHUR, R.A.SHARMA
KISAN SAHKARI CHINI MILLS LTD. AND ORS. – Appellant
Versus
AWADHESH SINGH – Respondent


Advocates Appeared:
A.K.MISRA, B.N.SINGH

R. A. SHARMA, J.

( 1 ) RESPONDENT was appointed on daily wages basis, as Sheet-Writer/weighment Clerk in the appellants sugar mill (hereinafter referred to as the mill)in crushing season 1988- 89 and it is claimed that he continued to work in that capacity in subsequent Seasons upto 1990-91, but when the mill re-opened in the next crushing season on November 8, 1991 he was not called to join his duties. Accordingly he filed the writ petition for writ of mandamus directing the appellants, who are arrayed therein as respondents, to permit him to resume his duties as permanent Seasonal Sheet-Writer/weighment Clerk in the mill. Prayer for payment of wages/salary from November 8, 1991, was also made. The appellants filed counter-affidavit in the above mentioned writ petition and in reply thereto the respondent has filed rejoinder affidavit. Supplementary counter and rejoinder affidavits were also exchanged between the parties,

( 2 ) WRIT petition of the respondent was allowed by learned single Judge and directions were issued to the appellants to treat the respondent as seasonal workman and to give him the benefit and privilege admissible to such a workman under standing orders, 1988, re












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