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1991 Supreme(Bom) 7

R.G.SINDHAKAR, K.SUKUMARAN
Sudam Vanaji Shirsat – Appellant
Versus
Shetkari Sahakari Sangh Ltd. and others – Respondent


ORDER:---A very interesting argument has been advanced on behalf of the writ petitioner in the present case. The writ petitioner was working as a Marketing Manager of the 1st respondent---Co-operative Society. His services, have been terminated by an order dated 11th June, 1991. His termination is assailed in this writ petition under Article 226 of the Constitution of India. Counsel was conscious about the hurdles---many of them---which he had to cross, to have writ petition entertained by us.

2. Whether a co-operative society is an authority within the provisions of Article 12 of The Constitution of India, is the threshold question.

3. It is unnecessary to burden the judgment with decisions of various courts including those of the Apex Court, where helpful aids and guidelines have been given for resolving that controversy. Even in relation to the co-operative societies, the question has been considered by High Courts. Some decisions have taken the view that the co-operative societies are outside the pale of the 'Authority' as sketched in Article 12. They are of High Courts of the Full Bench of the Kerala High Court, and a decision of Division Bench consisting of Ranganath Misra, C.J












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