VISHWANATH GUPTA Vs. PRADESHIK CO OPERATIVE DAIRY FEDERATION

JUDGEMENT

(1.) Services of the petitioner were terminated by an order dated 2.1.1990 which has since been challenged by means of the present petition. The said order is annexure A-7 to the writ petition.

(2.) Preliminary objection was raised on behalf of the respondents that no writ lies against the co-operative society, in which the petitioner was engaged since service of the petitioner is not covered by the U.P. Co-operative Societies Employees' Service Regulations. 1975. Admittedly, by reason of the decision of the Full Bench reported in 1982 UPLBEC 89, no writ lies against a co-operative society which is not obliged to discharge statutory obligations, therefore, if the petitioner's services are not governed by statutory rule, then the writ is not maintatabl Admittedly, the said regulation was applicable in the co-operative socity i n which the petitioner was employed. However, by virtue of notification dated 17. 11. 1979, U.P. Co- operative Institutional Service Board ceased to operate regarding the recruitment, training and disciplinary control of the employees of the Apex Level Milk Society i.e. Pradeshik Co-operative Dairy Federation. Central or Primary Milk Societies, whose area of operation extends to more than one district or State and Co-operative Milk Unions including Kanpur Co-operative Milk Board. Admittedly, the respondent- co-operative society is one of these societies. The said notification dated 17. 11. 1979 is very must applicable in the present case. Relying on this notification, Mr. G.D. Misra, learned Counsel for the respondent, contends that the petitioner is not covered by the said regulation and therefore the respondent-society has no statutory obligations to discharge in relation with petitioner's service.

(3.) Mr. S. Rai, learned counsel for the petitioner, relying on an order dated 17th September, 1981 issued by the Milk Commissioner filed as Annexure S.A. 1 to the supplementary affidavit filed today, points out that until fresh regulation is framed, 1975 Regulations shall be deemed to be applicable. Therefore, petitioner's service is very much governed by the said Regulation and thereby it is amenable to writ jurisdiction.