LAWS(MPH)-2016-2-79

RAJESH SINGH Vs. MANAGING DIRECTOR, NATIONAL AGRICULTURE CO-OPERATIVE MARKETING FEDERATION OF INDIA LTD., & OTHERS

Decided On February 10, 2016
RAJESH SINGH Appellant
V/S
Managing Director, National Agriculture Co -Operative Marketing Federation Of India Ltd., And Others Respondents

JUDGEMENT

(1.) Regard being had to the similar controversy involved in above cases, they have been heard analogously together with the consent of the parties and a common order is being passed in the matter. Facts of W.P. No. 7725/2015 are narrated as under. The petitioner before this Court has filed this present petition being aggrieved by the termination Order dated 9.10.2015. It is an undisputed fact that the petitioner is an employee of National Agriculture Co-operative Marketing Federation of India Ltd.,

(2.) Learned Counsel appearing for the other side has vehemently argued before this Court that a writ petition against National Agriculture Co-operative Marketing Federation of India Ltd., (NAFED) is not at all maintainable as NAFED is not a State and is not amenable to writ jurisdiction of this Court.

(3.) On the other hand Shri G. Patrwardhan has drawn the attention of this Court towards the order passed by this Court and his contention is that earlier the writ petitions have been entertained against NAFED. This Court in the case of Premnath Gour v. Chairman NAFED and others, W.P. No. 7838 of 2009 (s) has decided a dispute of driver working in NAFED, however, the point whether NAFED is a State or not was not considered. In another case i.e., Bharat Singh v. Chairman NAFED in W.P. No. 12879/2010(s) again this Court has dealt with some service matter of an employee but the issue relating to maintainability of the writ petition was not considered. In W.P. No. 12875/2010 in the case of R.B. Gour v. Chairman NAFED & others, a service dispute was looked into and the issue relating to maintainability of writ petition against NAFED was not considered.