ANIL KUMAR PANDEY Vs. STATE OF U.P.

JUDGEMENT

(1.) Petitioners, who are 18 in number, claim to be seasonal employees engaged in respondent Cane-growers' Co-operative Society. They have filed present writ petition for a direction upon the respondents to allow them to join as seasonal employees, at the start of new cane Crushing Season i.e. 1st October, 2015, and permit them to continue till the end of crushing season i.e. 15th July, 2016. By way of amendment, petitioners have also challenged order dated 10.3.2016, discontinuing their engagement during the midst of crushing season, by paying them off.

(2.) A preliminary objection with regard to maintainability of the present writ petition was raised, on behalf of the respondent cane society, relying upon a judgment delivered by this Court in Ram Karan vs. State of U.P. and others being Writ Petition No.27306 of 2014, and in Special Appeal No.779 of 2014, holding therein that a writ petition would not lie against co-operative cane society. This objection was opposed by the petitioners, relying upon Full Bench judgment of this Court in Vijay Bihari Srivastava vs. U.P. Postal Primary Co-operative Bank Ltd., 2003 1 UPLBEC 1. Finding substance in petitioners' contention, matter was referred to a Larger Bench, for answering following questions:-

(3.) A Bench of three Hon'ble Judges of this Court, presided over by Hon'ble the Chief Justice, has been pleased to answer the questions referred in following words:-