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1997 Supreme(Raj) 630

B.S.CHAUHAN
Sanwarmal Pansari – Appellant
Versus
Churu Wholesale Upbhokta Sahkari Bhandar Ltd. Churu – Respondent


Advocates Appeared:
Rajesh Joshi, for Petitioner R.L. Jangid, for Respondent/s

Honble CHAUHAN, J.–Petitioner claims that he is a salesman and working with the respondent Society, which is registered under the Rajasthan Cooperative Societies Act, 1965, hereinafter called ``the Act. He claims the pay scale of Rs. 1020.50 per month, a revised grade of salesman which is paid to other salesman, who are similarly situated on the principle of equal pay for equal work enshri-ned under Art. 39(d) of the Constitution of India.

(2). The respondents have raised a preliminary objection that the society is not amenable to writ jurisdiction and, therefore, this writ petition is not maintainable.

(3). Learned counsel for the petitioner submits that the petitioner had earlier filed three writ petitions, details of which have been mentioned in earlierpart of the writ petition, as the said writ petitions had been entertained by this Court and respondents never raised any objection, the respondents cannot raise this plea nor the court can find him non-suited only on this ground. It is settled law that estopple does not lie against law. Moreover, even if the respondents have not raised this issue earlier, they are not debarred from raising it this time. In HotelBalaji and Ors. vs.
































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