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2015 DIGILAW 3434 (ALL)

Ramji Lal Tewari 5993(S/S)2000 v. U. P. Co-Operative Sugar Federation Ltd. Lko. Thru M. D.

2015-11-02

D.Y.CHANDRACHUD, NARAYAN SHUKLA

body2015
JUDGMENT The petitioner ? appellant had filed a writ petition seeking the following reliefs: "(i) To issue a writ of mandamus commanding the opposite parties to allow the petitioner to work on the post of Fitter Helper w.e.f. 26-6-2000. (ii) To issue a writ of mandamus commanding the opposite parties to make permanent on the post of Fitter Helper w.e.f. 26-8-1996 with all consequential benefits when juniors to the petitioner have been promoted on the post of Fitter Helper and Motor Attendent." 2. The learned Single Judge held that the writ petition was not maintainable under Article 226 of the Constitution, relying upon the judgment of the Supreme Court in General Manager, Kisan Sahkari Chini Mills Ltd., Sultanpur, U.P. vs. Satrughan Nishad [ AIR 2003 SC 4531 ]. The learned Single Judge has also held, after noticing the subsequent decision in Ghaziabad Zila Sahkari Bank Ltd. vs. Addl. Labour Commissioner [ 2007 11 SCC 756 ], that the provisions of Section 70 of the U.P. Cooperative Societies Act, 1965 contain a complete machinery and if there is any dispute between the employers and the employees of a cooperative society, the matter has to be resolved as prescribed therein. Hence, the Supreme Court set aside an order passed by the Additional Labour Commissioner under the U.P. Industrial Disputes Act, 1947. 3. We see no reason to entertain the special appeal. The second respondent against whom the relief was sought is a cooperative society governed by the provisions under the U.P. Cooperative Societies Act, 1965 and was not a State within the meaning of Article 12. Even otherwise, the relief which was sought did not pertain to a public duty. The appellant, it is needless to add, would be at liberty to pursue the remedies available in regard to the claim which was made in the writ petition. Hence, no case for interference in the special appeal is made out. The special appeal is dismissed. There shall be no order as to costs.