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2003 Supreme(Cal) 383

A.K.MATHUR, ASHIM KUMAR BANERJEE
BIKASH TALUKDAR – Appellant
Versus
STATE OF WEST BENGAL – Respondent


Advocates Appeared:
B.R.NEOGI, L.K.Gupta, TAPAN SARKAR

A. K. MATHUR, CJ.

( 1 ) THIS is an appeal directed against the order dated 2nd April, 2001 passed by the learned single Judge whereby the learned single Judge has upheld the objection of the respondents that the present writ petition is not maintainable as the West Bengal State Handloom Weavers' Co-operative Society Ltd. is not a 'state' within the meaning of Article 12 of the Constitution. The learned single Judge dismissed the writ petition on the ground that the Co-operative Society is not a 'state' within the meaning of Article 12 of the Constitution so as to maintain the writ petition. Hence, aggrieved against the aforesaid order the present appeal.

( 2 ) FOR convenient disposal of this appeal, brief facts may be narrated. The petitioner was an employee of the West Bengal State Handloom Weavers' Co-operative Society Ltd. The petitioner challenged the order dated 1. 11. 1986 whereby he was dismissed from the service. The aforesaid order was passed after holding the regular inquiry. The challenge of the petitioner was that the order of dismissal was arbitrary and illegal and without holding any inquiry and without giving any reasonable opportunity of being heard to the petitio







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