LAWS(ALL)-2002-10-120

MEMBER SECRETARY DIST ADMINISTRATIVE COMMITTEE U P PRIMARY AGRICULTURAL CO OPERATIVE SOCIETY CENTRALISED SERVICE CUM SECRETARY DIST CO OPERATIVE BANK LIMIED KANPUR Vs. PRESIDING OFFICER LABOUR COURT II KANPUR NAGAR

Decided On October 03, 2002
MEMBER-SECRETARY, DIST.ADMINISTRATIVE COMMITTEE, U.P.PRIMARY AGRICULTURAL CO-OP.SOCIETY CENTRALISED SERVICE-CUM- SECRETARY DIST.CO-OP.BANK LTD Appellant
V/S
PRESIDING OFFICER, LABOUR COURT-II, KANPUR NAGAR Respondents

JUDGEMENT

(1.) Heard learned counsel appearing for the parties. This writ petition has been filed by the then Member-Secretary, District Administrative Committee of U.P. Primary Agricultural Co-operative Credit Societies Centralised Service-Cum-Secretary District Co-operative Bank Ltd., Kanpur, formed in exercise of statutory power under U.P. Primary Agricultural Co-operative Credit Societies Centralised Service Rules, 1976, hereinafter referred to as '1976 Rules'.

(2.) Sri M.P. Gupta, learned counsel for the petitioner, has argued that this award is directed against the Zila Sahkari Bank Ltd., Kanpur Nagar, and, therefore, this writ petition may be treated to be a writ petition on behalf of Zila Sahkari Bank Ltd., Kanpur Nagar.

(3.) Be that as it may, there is no authority in favour of the counsel to file this writ petition on behalf of the Zila Sahkari Bank Ltd. This writ petition is apparently filed by the petitioner, which is a separate statutory body constituted under the provisions of 1976 Rules, referred to above. Zila Sahkari Bank is incorporated and registered under the provisions of the U.P. Co-operative Societies Act, 1965. Even there is no assertion in the array of parties that the Secretary now District Administrative Committee of the aforesaid Primary Agricultural Co-operative Centralised Service has been authorised by the Zila Sahkari Bank Ltd. to file the present writ petition. It may be a person holding dual office one that of Secretary of Zila Sahkari Bank Ltd. and the other Secretary Primary Agricultural Co-operative Society Centralised Service constituted in accordance with the provisions of 1976 Rules, referred to above but the array of parties clearly demonstrates the capacity in which the aforesaid Writ petition has been filed.