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2001 Supreme(Del) 106

A.K.SIKRI, ARUN KUMAR
NATIONAL AGRICULTURAL CO OPERATIVE MARKETING FEDERATION OF INDIA LIMITED – Appellant
Versus
NAFED PROCESSED FOOD COOPERATIVE MARKETING FEDERATION OF INDIA EMPLOYEES UNION – Respondent


Advocates Appeared:
Hema Kohli, K.K.JHA, Manu Khare, RAJIV NAYAR, Rajnish Ranjan, V.P.Singh

Arun Kumar

( 1 ) NATIONAL Agricultural Co-operative Marketing Federation of India Ltd. (hereinafter referred to as NAFED, for short) has filed this Letters patent Appeal against judgment dated 19/07/1999 rendered by learned Single judge in Civil Writ Petition No. 6239 of 1998. The writ petition was filed by two petitioners (respondents herein) namely, NAFED Processed Foods Employees union (Regd.), and NAFED Process Foods Karamchari (Workers) Union. By the impugned judgment the aforesaid Civil Writ Petition No. 6239 of 1998 of the respondents herein has been allowed. Orders passed by the appellant herein under clause 17 (IV) (d) of the Staff Regulations dated 23/ 24/12/1998, 23rd december, 1998, 4/0101/1999 and 5/01/1999 in respect of 67 employees have been set aside holding that they are arbitrary, unreasonable and violative of article 14 of Constitution of India and therefore amounted to illegal and arbitrary mode of retrenchment. It may be mentioned that the appellant had taken preliminary objection to the maintainability of the writ petition on the ground that NAFED is not a "state" and /or "instrumentality or agency of State" under Article 12 of the constitution of India and th


































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