WPSS/917/2021
2021 Latest Caselaw 2678 UK

                   Office Notes, reports,
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      29.07.2021                            WPSS No. 917 of 2021
                                            Hon'ble Sharad Kumar Sharma, J.

(Via Video Conferencing) Mrs. Monika Pant, Advocate, for the petitioner.

Mrs. Anjali Bhargava, Addl. CSC, for the State Mr. Manav Sharma, Advocate, for the respondents.

The petitioners to the present writ petition, who are the retired employees of the respondent/Cooperative Cane Development Societies Limited, had preferred a writ of mandamus, praying for granting the of arrears of 6th & 7th Pay Commission and also the arrears of the ACP, as it has been detailed in the relief clause(s) to the present writ petition.

The issue, which has been raised by the learned counsel for the respondents Mr. Manav Sharma, is that since the claim which has been raised by way of a writ of mandamus, as against the cooperative societies, the writ petition would not be the remedy which would be available, because the petitioners would be having a remedy falling within the purview of Section 70 to be read with Section 71 of the Uttarakhand Cooperative Societies Act, 2003.

In support of his contention, the learned counsel for the respondent had referred to a decision which has been rendered by the Hon'ble Allahabad High Court, which has dealt with an issue and it had held that the writ petition would not be the remedy available. While, on the other hand, the learned counsel for the petitioners makes reference to the judgment, which has been annexed with the present writ petition, where almost an identical issue a writ of mandamus was issued for the payment of the amount though without deciding the issue of maintainability of the writ petition.

The issue of maintainability is a debate, which is to be answered by this Court, hence, both the counsels are called upon to place their respective arguments supported with the relevant judgments about the implications of Sections 70 and 71 the Uttarakhand Cooperative Societies Act, 2003, on the next date fixed.

Put up this matter on 02.08.2021, as fresh.

(Sharad Kumar Sharma, J.) 29.07.2021 Mahinder/