Jai Pal Singh vs State Of U.P. And Others
2011 Latest Caselaw 3026 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 33
 

 
Case :- WRIT - A No. - 56635 of 2007
 

 
Petitioner :- Jai Pal Singh
 
Respondent :- State Of U.P. And Others
 
Petitioner Counsel :- Prabhat Kumar Srivastava,S.K.Pandey
 
Respondent Counsel :- C.S.C.,J.K.Khan,M.P.Gupta,S.K.Rai
 

 
Hon'ble Krishna Murari, J.

Heard learned counsel for the petitioner, learned Standing Counsel for the State-respondent and Sri Sujeet Kumar Rai for the respondents no. 2 and 3.

Petitioner has approached this Court challenging the order dated 27.8.2007 passed by the respondent no. 2, Managing Director, Kisan Sahkari Samiti Limited, Saharanpur whereby his services were terminated from the post of Accountant/In-charge Secretary of the society.

An objection has been raised by the learned Standing Counsel and Sri Sujeet Kumar Rai that since the petitioner is an employee of Kisan Sahkari Samiti Limited which is a Primary Cooperative Society and is not covered within the scope and ambit of Article 12 of the Constitution of India as affairs of the society are governed by the U. P. Cooperative Societies Act, 1965 as per bye-laws of the society and service conditions are not at all governed by any statutory rules or regulations, in such a situation Cooperative Society is not covered under the definition of other authority under Article 12 of the Constitution.

In support of the arguments, reliance has been placed on the judgment of learned single Judge of this Court passed in Civil Misc. Writ Petition No. 56576 of 2010 wherein an identical question was raised and after considering the judgment of the Hon'ble Apex Court in General Manager Kishan Sahkari Chini Mills Ltd., Sultanpur U. P. Versus Satrughan Nishad and others (2003) 8 SCC 639 as well as the judgment of Full Bench of this Court in the case of Vijay Bihari Srivastava Vs. U. P. Postal Primary Cooperative Bank Ltd. and another, decided on 12.09.2002, it has been held that Primary Cooperative Society in the absence of any material that it is owned, controlled or managed by the State or financial assistance is given by the State, would not be a Cooperative Society within the meaning as contained in Regulation 2 (ix) of the U. P. Cooperative Societies Employees Service Regulations, 1975 and thus, the conditions of service of an employee of such society will not be covered by the statutory rules hence the writ petition is not maintainable.

I am in respectful agreement with the view taken by the learned single Judge.

In view of the above, the present writ petition is not maintainable and accordingly stands dismissed.

Order Date :- 26.7.2011

Dcs