ABDUL GAFFAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD the counsel for the parties.

(2.) THIS appeal is directed against the judgment dated 14.1.1997 passed in CWJC No. 3090/95R where the writ petition filed against the respondent -Bihar State Milk Producers Federation, has been dismissed as not maintainable. The impugned order dated 14.1.1997 reads as under : - -

(3.) IN the supplementary affidavit filed by the appellants it is stated that the Government has admitted that the respondent -Federation is a Government sponsored agency with 98% equity. It has also taken notice of the fact that the Managing Director of the Federation is IAS Officer appointed by the Government. 2000 (4) PLJR 273, a Full Bench of the Patna High Court has held that even a society registered under the Co -operative Societies Act, in certain circumstances, will be held to be an instrumentality of the State. Recently also in the case of Maysore Paper Mill Workers Union v. Maysore Papers Mills Officers Association, 2002 AIR SCW 204, the Apex Court has laid down certain guidelines which has to be considered before holding an institution or a society to be a State. 6. In our opinion, the matter needs consideration. This appeal is, therefore, allowed. The impugned order dated 14.1.1997 passed in CWJC No. 3090/95 (R) is set aside and the matter is remitted back to the learned single Judge for reconsideration of the matter and for disposal of the writ application in accordance with law.