IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition (S/S) No. 101 of 2009 Yogendra Pal Singh ….Petitioner. Versus The Kisan Sahkari Chini Mills Ltd. Rajpur-Pooranpur-Nadehi, District Udham Singh Nagar & others …Respondents. Mr. S.K. Mandal, Advocate present for the petitioner. Sri N.P. Sah, Standing Counsel present for the State of Uttarakhand. Mr. M.C. Pande, Advocate present for respondent no. 3. Hon’ble Sudhanshu Dhulia, J. (oral) Heard Sri S.K. Mandal, Advocate for the petitioner, Sri N.P. Sah, Standing Counsel for the State of Uttarakhand as well as Sri M.C. Pande, Advocate for respondent no. 3. The petitioner is working as Legal-cum-Personnel Assistant in “Kisan Sahkari Chini Mills Ltd. Rajpur- Pooranpur-Nadehi, District Udham Singh Nagar. It is undisputed that the said sugar mill is under the control of “Uttarakhand Sugars” and is an instrumentality of the State. The petitioner now claims that in view of the recommendations of the Third Sugar Wage Board dated 31.1.1991 he is liable to be promoted to the post of Labour Officer. Learned counsel representing the Uttarakhand Sugars Sri M.C. Pande, however, says that this cannot be done inasmuch as there is no post of Labour Officer in the sugar mill. Learned counsel for the petitioner, on the other hand, contends that there is a post of Labour Officer and even if there is no post of Labour Officer, in view of the recommendations of Third Sugar Wage Board dated 2 31.1.1991 he is liable to get the salary of Supervisory Grade B. Without going into the factual controversy being agitated before this Court, the writ petition is being disposed of with the direction to respondent no. 3 i.e. Administrator/Chairman, Uttarakhand Sugars, 53- Subhash Road, Dehradun, Uttarakhand to consider the promotion/fitment of the petitioner in case the post of Labour Officer exists in the sugar factory and in case no such post exists the said officer shall consider the grant of pay-scale of Supervisory Grade B to the petitioner, if such grade is permissible in accordance with law, including the recommendations made by the Third Sugar Wage Board dated 31.1.1991 as expeditiously as possible, but definitely within a period of three months from the date a certified copy of this order is produced before him. No order as to costs. (Sudhanshu Dhulia, J.) 6.4.2011 Avneet