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A petition that was brought primarily in search of a writ, order, or directive telling the respondents to give the petitioner employment in accordance with the contract their forefathers had with the sugar mill was upheld: Uttarakhand High Court

A petition that was brought primarily in search of a writ, order, or directive telling the respondents to give the petitioner employment in accordance with the contract their forefathers had with the sugar mill was upheld by the Uttarakhand High Court in the case of Shashikant Singh v. State of Uttarakhand (Writ Petition  No.862 of 2019) through Justice Lok Pal Singh.

FACTS OF THE CASE

Some farmers gave their land to the Kisan Sahkari Chinni Mill Ltd. when it was founded, and in exchange, they received shares in the respondent mill based on the size of their land. In addition, a contract between the shareholders and the respondent mill stipulated that the farmer himself, his son or grandson, depending on their qualifications, would be employed in the factory based on the land provided.

The petitioner’s complaint was that the respondent had refused to hire him despite the fact that he was an heir or family member of one of the families whose land was purchased for the purpose of establishing a factory.

JUDGEMENT

The Court observed that the respondent in the current case was refusing to hire the petitioner while on the other hand, the petitioner had been deprived of the land. The respondent, that is, Sugar Mill, a State-owned instrumentality, should have taken into account the fact that the landowner who gave the land for the construction of the sugar mill did not want to see their offspring go hungry. The respondent’s interpretation of the agreement, according to which either the son or grandson will be given employment, was illegal in the eyes of the law.

The Court granted the petition and determined that the respondent mill’s decision to refuse the petitioner employment was arbitrary and unlawful.

A petition that was brought primarily in search of a writ, order, or directive telling the respondents to give the petitioner employment in accordance with the contract their forefathers had with the sugar mill was accepted by the Court.

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JUDGEMENT REVIEWED BY NISHTHA GARHWAL

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