R K MISHRA Vs. KRISHAK BHARATI COOPERATIVE LIMITED

JUDGEMENT

(1.) Whether M/s.Krishak Bharati Co-operative Limited (for short "KRIBHCO') is a "State" or "other authority" within the meaning of Article 12 of the Constitution of India and is, thus, amenable to writ petition under Article 226 of the Constitution is the question falling for consideration in this batch of writ petitions.

(2.) Since in all the petitions, the aforenoted common question of law has been raised it would be expedient to dispose of all these matters by this common judgment.

(3.) According to the petitioners they had been recruited on various dates by KRIBHCO, respondent No.1 herein, under the KRIBHCO Indo-British Rainfed Farming Project (WEST); had been regularly working for the last so many years and at the time of recruitment they had been assured that their terms of employment will be renewed/extended on the expiry of phase-I of the project. Their main grievance is that despite the fact that all of them have completed more than 240 days of regular employment with KRIBHCO and the project is likely to be completed some time in the year 2006, their services have been illegally terminated in utter violation of the law laid down by the Supreme Court to the effect that services of an employee, who has worked regularly for an employer for more than 240 days, should not be terminated if the project is available. The petitioners, accordingly, seek a direction to KRIBHCO to re-employ/reinstate them in the 2nd phase of the project with full/back wages and consequential benefits.