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HIGH COURT OF RAJASTHAN (JAIPUR BENCH)
PRAVEER BHATNAGAR
Ghisa Lal Sharma S/o. Shri Jagdish Prasad Sharma, (Since Deceased) – Appellant
Versus
Rajasthan State Co-Operative Consumers Federation Ltd. – Respondent
JUDGMENT :
PRAVEER BHATNAGAR, J.
1. The petitioners have invoked the writ jurisdiction of this Court under Article 226 of the Constitution of India, seeking parity in pay scales with certain other salesmen employed in the services of the respondent society i.e., Rajasthan State Co-Operative Consumers Federation Ltd. (CONFED), Jaipur. The grievance essentially relates to fixation of pay and alleged discrimination in extending higher pay scales granted to other employees.
2. A preliminary objection has been raised by the respondents regarding the maintainability of the present writ petition. The said issue, being foundational, is required to be considered at the threshold.
3. Learned counsel for the respondents submits that the sole respondent is a registered cooperative society governed by its own service rules and administrative framework. It is contended that the Society is neither created by a statute nor is subject to deep and pervasive governmental control and therefore does not fall within the ambit of ‘State’ as defined under Article 12 of the Constitution of India.
4. It is further argued that the mere performance of certain public functions or engagement in activities beneficial
The main legal point established in the judgment is that the absence of a public law element in the termination of employment renders a writ petition under Article 226 of the Constitution of India no....
The Army Welfare Education Society is not a 'State' under Article 12, and employment disputes governed by private contracts are not subject to writ jurisdiction under Article 226.
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