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2008 Supreme(All) 2958

S.RAFAT ALAM, SUDHIR AGARWAL
BRIJ BHUSHAN SINGH – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
K.P. Agarwal and Km. Suman Sirohi for the Appellants; S.C. for the Respondents.

JUDGMENT

By the Court.—Both these cases are connected involving common questions of facts and law and, therefore, as requested and agreed by learned counsel for the parties have been heard together and are being decided by this common judgment.

2. These intra Court appeals have been filed against the judgment dated 5.8.1999 of Hon’ble Single Judge dismissing the Writ Petition No. 27567 of 1992. The aforesaid writ petition was filed by seven persons but the two appeals have been preferred only by the persons who were impleaded as petitioners No. 1, 3 and 5 therein.

3. The petitioner-appellants (hereinafter referred to as the “petitioners”) were appointed in Banda District Cooperative Bank Ltd., Banda (hereinafter referred to as the “Bank”) on daily wage basis. The copy of the appointment letter dated 15.9.1988 of Vinod Kumar, one of the petitioner, is Annexure-5 to the writ petition. The appointment was made by the Secretary/General Manager of the Bank. The appointment letter clearly states that the petitioner, Vinod Kumar shall be entitled for wages for those days only on which he would be engaged by the Bank. The petitioner, Brij Bhushan Singh was appointed vide order dated 6.4.199













































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