MADAN LAL GUPTA Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri Sudhir Dixit, learned counsel for the petitioner, learned Standing counsel for respondents No. 1 and 2 and Sri G.D. Misra appearing for respondents No. 3 and 4.

(2.) The petitioner was working as a Kshetriya Paryavekshak at Dugdh Sangh Parag Dairy, Sasni, Aligarh and attained his superannuation on June 30, 2003. He contends that he has not received post retiral benefits till date. No relief has been sought by the petitioner from respondents No. 1 and 2 since it has no connection with this matter. The petitioner has no relationship of employer and employee with respondents No. 1 and 2.

(3.) A preliminary objection has been raised on behalf of the respondents No. 3 and 4 that Dugdh Sang Parag Dairy being a co-operative society is not a 'State' or 'State Instrumentality' within the meaning of Article 12 of the Constitution of India and, therefore, the writ petition is not maintainable. Reliance is placed on the Apex Court judgment in General Manager, Kisan Sahkari Chini Mills Ltd. Sultanpur, U.P. v. Shatrugltan Nishad and Others, 2003-III-LLJ-1108 and a Division Bench judgment dated May 14, 2004 passed in Special Appeal No. 654 of 2002 Samanya Prabandhak/Niyukti Adhikari, Bareilly Dugdh Utpadak Sahkari Sangh, Ltd. Barillly v. Desh Raj Singh and Others wherein it has been held that the writ petition against a co-operative society is not maintainable since it is not 'State' within the meaning of Article 12 of the Constitution.