Hon’ble Ashwani Kumar Mishra, J.—Petitioners, who are 18 in number, have prayed for issuance of a writ of mandamus directing the respondents to accept their joining as seasonal employees, and to allow them to work on their respective posts and pay their wages as per rules from the start of new Cane Crushing Season beginning from 1st October, 2015 and to continue till 15th July, 2016. All the petitioners claim to be the employees of Co-operative Cane Development Society, Basti i.e. respondent No. 5.

2. It is contended that employer Co-operative Cane Development Society is a Co-operative Society, registered under the provisions of the U.P. Co-operative Societies Act, 1965. According to the petitioners, their service conditions are governed by statutory regulations, known as Uttar Pradesh Cane Co-operative Service Regulations, 1975, which have been notified in the U.P. Gazette on 18th October, 1975 (hereinafter referred to as the ‘Regulations of 1975’).

3. Chapter VI of the Regulations provides for categorization of entire seasonal staff into Categories ‘A’ and ‘B’, on the basis of their work and worth during the season. Persons possessing unquestionable integrity having discharged their duties efficiently during the crushing season are to be placed in Category ‘A’, whereas all other staff is required to be placed in Category ‘B’. Regulation 26, which is relevant for the present purposes, provides for automatic re-employment in the next season of the seasonal staff placed in Category ‘A’. Regulation 26 of the Regulations of 1975 is reproduced :

“26. The staff placed in category “A” shall be automatically re-employed in the next season unless the strength of seasonal staff has been reduced in any particular year to such an extent that it may be possible to re-employ all such staff.”

4. It is submitted that crushing season means the period commencing from the date when the crushing of Sugarcane in the concern Sugar Factories commences till the date when crushing ends by virtue of Clause 2(n) of the Regulations. Crushing season has also been defined under Section 2(i) of the U.P. Sugarcane (Regulation of Supply and Purchase) Act, 1953 to mean the period beginning on the 1st October in any year and ending on the 15th July next following. Petitioners contend that the season has commenced w.e.f. 1st October, 2015, and as they are placed in Category ‘A’ seasonal staff of the Society, as such, they are entitled to automatic re-employment, and the respondents have arbitrarily denied such benefit of re-employment to them giving cause for filing of the present writ petition.

5. Sri Ravindra Singh, learned counsel appearing for the respondent Cane Society, has objected to the writ petition, by raising a preliminary objection that in view of the law laid down by Hon’ble Single Judge in the case of Ram Karan v. State of U.P. and others, being Writ Petition No. 27306 of 2014, decided on 15.5.2014, as well as in view of the Division Bench judgment in Special Appeal (Defective) No. 779 of 2014, decided on 12.9.2014, the writ petition against the Cane Society is not maintainable.

6. Judgment of this Court in Ram Karan (supra) has relied upon the decision of Hon’ble Supreme Court in the case of General Manager, Kisan Sahkari Chini Mills Ltd. Sultanpur v. Satrughan Nishad, (2003)8 SCC 639; AIR 2003 SC 4531. Reliance has also been placed upon the judgment in the case of Gopal Prasad v. State of U.P. and 7 others, being Writ Petition No. 45914 of 2013 decided on 5.9.2013, wherein also a writ petition against Cane Co-operative Development Society was held to be not maintainable. Reliance has also been made to the Division Bench judgment of this Court in the case of Jyoti Kumar Malviya v. Indian Farmers Fertizers Cooperative Ltd. and others; 2006(3) ADJ 383.

7. Preliminary objection, aforesaid, is countered by the petitioners by placing reliance upon a Full Bench decision of this Court in Vijay Bihari Srivastava v. U.P. Postal Primary Co-operati