AJAY BATTA Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) The petitioner has challenged the order of respondent No. 3 whereby his request for joining as Assistant Sales Inspector with respondent No. 3 was declined.

(2.) The facts :-

(3.) Separate written statements have been filed by respondents 2 and 3. Respondent No. 2 took a preliminary objection that it was not an immediate employer. The petitioner was initially the employee of Punjab Dairy Development Corporation Ltd., Chandigarh and was posted at Milk Plant, Mohali. Milk Plant, Mohali and other plants were also taken over and the staff working there was absorbed into the service of respondent No. 2. The petitioner also stood absorbed in the service of respondent No. 2. The petitioner was transferred to Milk Plant, Ludhiana in January, 1984 by respondent No. 2. He was suspended and charge-sheeted in January, 1986 and was subsequently punished by respondent No. 2. On his reinstatement, he was posted at Milk Plant, Bathinda. Milk Plant, Bathinda belonging to respondent No. 2 was permanently transferred to the Guru Co-operative Milk Producers Union, Bathinda in January, 1988. He was initially retained on notional deputation at Milk Plant, Bathinda, but later on vide order dated June 30, 1988, passed by respondent No. 2, was permanently transferred to the service of the Guru Co-operative Milk Producers Union, Bathinda and since then the petitioner is the employee of the Milk Union, Bathinda for all intents and purposes. On merits, it was admitted that a request was received from the petitioner for transfer from Bathinda Milk Plant to Ludhiana Milk Plant. Respondent No. 2 had no objection to the transfer of the services of the petitioner on cadre strength of respondent No. 3 on permanent basis. Guru Co-operative Milk Producers Union, Bathinda, and Ludhiana District Co-operative Milk Products Union, Ludhiana are different and distinct legal entities having their independent cadres. Respondent No. 2 could not issue any direction to respondent No. 3. Respondent No. 3 maintained that it is not a instrumentality of the State within the meaning of Article 12 of the Constitution of India and no writ is maintainable against it and that the necessary party has not been impleaded in the writ petition. Guru Co-operative Milk Producers' Union, Bathinda was a necessary part to the writ petition which had accepted the resignation of the petitioner. In all other respects, respondent No. 3 reiterated the pleas taken by respondent No. 2 in the written statement.