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HARISH KUMAR
Prakash Kumar S/o Late Ram Babu Kunwar – Appellant
Versus
State of Bihar – Respondent
JUDGMENT :
HARISH KUMAR, J.
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 and Other, 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.
3. In fact in a similar matter, where the wife's of the deceased employees preferred writ petitions for payment of death-cum-retiral benefits of their late husbands, the learned Coordinate Bench of this Court further in the case of Anita Kumari vs. State of Bihar and Others, along with Shahbaz Begam vs. State of Bihar and Others, 2016 (1) PLJR 315 held th
The appointment of a Special Officer or Administrator in a co-operative society does not make it a 'State' within the meaning of Article 12, but the officer becomes an 'authority' under Article 12 an....
A body must fulfill specific criteria to be considered as 'State' under Article 12 of the Constitution of India, and the Court's jurisdiction in a writ petition depends on the determination of the na....
Writ petitions against private co-operative societies are not maintainable under Article 226 unless they demonstrate public authority status.
The test laid down in Marappan's case continues to govern the maintainability of writ petitions against Co-operative Societies.
The main legal point established in the judgment is that the provisions of Section 77 of the Tamil Nadu Co-operative Societies Act, 1983 govern the removal and reinstatement of employees based on cri....
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