GURDASPUR COOPERATIVE SUGAR MILLS LIMITED Vs. GURDIP SINGH

JUDGEMENT

(1.) THIS appeal was filed against the judgment and decree of the lower appellate Court reversing that of the trial Court thereby allowing the suit of the plaintiff/respondent seeking declaration to the effect that the order dated 11.2.1983 terminating his services was illegal, null and void. Brief facts are that the plaintiff/respondent had instituted the instant suit seeking declaration to the effect that the order dated 11.2.1983 terminating his services was illegal, null and void and accordingly claimed all the benefits of service including pay and allowances during the period he had remained out of service. The trial Court dismissed the suit by holding that the same was not maintainable. However, the lower appellate Court reversed the finding of the trial Court and allowed the appeal of the plaintiff/respondent by holding that the suit was maintainable and the termination of the service of the plaintiff/respondent was in violation of the staff regulations.

(2.) COUNSEL for the appellant has proposed the following questions of law: -

(3.) THUS , a test as to whether the body is instrumentality or agency of the Government as a society, co -operative society or company was not held decisive. The ratio of law laid down in Ajay Hasia and others versus Khalid Mujib Sehravardi and others : 1981 (1) SCC 722, was held that real status of the body with regard to the control of the Government which is to be looked into. Reference is also made to Pradeep Kumar Biswas versus Indian Institute of Chemical Biology : 2002 (5) SCC 111, Ramana Dayaram Shetty versus International Airport Authority of India : 1979 (3) SCC 489 and Chander Mohan Khanna versus NCERT : 1991 (4) SCC 578. Having referred to the ratio of law laid down in all these cases, the Hon'ble Supreme Court held as follows: -