LAWS(ALL)-1987-3-45

RAGHUVIR SINGH Vs. STATE OF U P

Decided On March 02, 1987
RAGHUVIR SINGH Appellant
V/S
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

(1.) U. P. Co-operative Cane Unions Federation Limited (for short 'the Federation') is an apex Society within the meaning of Section 2 (a 4) of the U. P. Co-operative Societies Act, 1965 (hereinafter referred to as the Act). Various primary Societies, that is to say, Co-operative Cane Development Unions in the State are affiliated to the Federation. The term of the Committee of Management of the Federation, which is three Cooperative years, expired on June 30, 1933. Election did not take place of members, Chairman or Vice-Chairman within this term to replace the outgoing Committee. On June 30, 1983, the Registrar, Co-operative Societies, U, P. appointed the Cane Commissioner, U. P. as the Administrator, Committee of Management of the Federation in exercise of powers under Section 29 (4) (b) of the Act. Under notification of the State Government made under Sectioa 3 (2) (3) Oane Commissioner is also the Registrar, Co-operative Cane Societies.

(2.) By notification dated January 21,1970, issued by the State Government under Section 122 (1) of the Act tbe Cane Commissioner was constituted the Authority for performing the functions mentioned in the said sub-section in respect of the employees of the Co-operative Cane Unions (including the Federation). The Authority framed the U. P. Cane Co-operative Service Regulations, 1975, which were approved by the State Government and thereafter published by the Authority in the U. P. Gazette under notification dated September 27, 1975, on October 18, 1975 (hereinafter referred to as "the Regulations"). Regulation 35 specifies tbe Authorities competent to recruit and appoint staff indicated against each. These Authorities consist of the Zonal Cane Service Authority; District Can Service Authority ; Regional Cane Service Authority and State Cane Service Authority. We are here concerned with the State Cane Service Authority alone. The power given to the State Cane Service Authority is in respect of recruitment and appointment of the following categories t

(3.) Constitution of the State Cane Service Authority is prescribed under Regulation 36 (4) and it is as under t -