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2009 Supreme(SC) 724

S.B.SINHA, ASOK KUMAR GANGULY
M. P. State Co-op. Dairy Fedn. Ltd. – Appellant
Versus
Rajnesh Kumar Jamindar – Respondent


Advocates appeared:
For the Appellants :C.N. Sreekumar, M.T. George, K.N. Madhusoodanan, Dushyant Parashar, T.G. Narayanan Nair, Advocates.
For the Respondents:Vivek K. Tankha, Sr. Adv., Suryanarayan singh, Ms. Pragati Neekhra (for M/s. AP & J Chambers), Vikas Upadhyay (M/s. B.S. Banthia), Akshat Shrivastava, P.P. Singh, Inderjeet Yadav, Rahut Shrivastava, Kunal Verma, Arup Jain, Supria Jain, K. Krishan, B.K. Singh, Arun Kumar Beriwal, Jayant Kumar Mehta, Advocates.

JUDGMENT

S.B. Sinha, J.—

1. Leave granted.

2. Whether Madhya Pradesh State Co-operative Dairy Federation Limited (for short “the Federation”) is a ‘State’ within the meaning of Article 12 of the Constitution of India is the question involved in these appeals.

3. Before us, there are 52 matters. Out of 52 concerned employees, 16 Writ Petitions were allowed by a learned Single Judge. Writ appeals filed there against by the Federation were dismissed but only 50% back wages had been granted to the employees. Respondents have not questioned the correctness of the said judgment. Remaining 36 writ petitions were dismissed by a learned Single Judge. However, writ appeals filed there against have been allowed directing reinstatement of the concerned respondents with only 20% back wages.

4. Federation is a society registered and incorporated under the provisions of the Madhya Pradesh Cooperative Societies Act, 1960 (for short “the Act”). It is an apex society classified as a Central Society. It is registered under Section 9 of the Act. The Government of Madhya Pradesh through its Veterinary Department had been carrying out in certain areas of the State activities of supply of milk through it














































































































































































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