PRAKASH KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Alok Kumar, learned counsel for the petitioner, Mr. Ashish Giri, learned counsel for the respondent BISCOMAUN, duly assisted by learned counsel Ms. Riya Giri, Mr. Anand Kumar Ojha, learned counsel for the respondent EPFO and Mr. Upendra Pratap Singh, learned AC to SC 4 for the State.

(2.) At the outset, learned counsel for the BISCOMAUN raises preliminary objection with regard to maintainability of the writ application in view of the judgment rendered by the Special Bench of this Court, in the case of "Organiser Dehri CD & CM Union Vs. State of Bihar & Ors." reported in 2014 (1) PLJR 695, whereby, learned Special Bench held that the writ is not maintainable against the co-operative societies even if it runs by an administrator, who might be a Government servant, in case of nonexistence of managing committee. In fact in a similar matter, where the wife(s) of the deceased employees preferred writ petitions for payment of deathcum-retiral benefits of their late husband(s), the learned Coordinate Bench of this Court further in the case of "Anita Kumari Vs. State of Bihar & Ors., along with Shahbaz Begam Vs. State of Bihar & Ors." reported in 2016 (1) PLJR 315 held that BISCOMAUN is a society registered under the Bihar Co-operative Society Act and not a "State" within the meaning of Article 12 of the Constitution of India and therefore, the present writ petition is not maintainable against the respondent BISCOMAUN.

(3.) It would be apt to quote para 7, 8 and 13 of the said judgment, which is as follows: