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D. Y. CHANDRACHUD, MANOJ KUMAR GUPTA, YASHWANT VARMA
ANIL KUMAR PANDEY – Appellant
Versus
STATE OF U. P. – Respondent
Hon’ble Dr. Dhananjaya Yeshwant Chandrachud, C.J.—The reference before the Full Bench has arisen from a referring order dated 3 November 2015 of a learned Single Judge. The questions which have been referred for decision by the Full Bench are as follows:
1. Whether a writ petition under Article 226 of the Constitution of India would be maintainable against a Co-operative Cane Development Society, at the instance of its employee, for alleged breach of the provisions of the Uttar Pradesh Cane Co-operative Service Regulations, 1975 which govern his service conditions;
2. Whether the law laid down in Ram Karan v. State of U.P. and others, Writ-A No. 27306 of 2014, or Srinarayan Gupta v. State of U.P., Special Appeal (D) No. 779 of 2014, decided on 12th September, 2014, is the correct law, in view of the law laid down by the Full Bench in Vijay Bihari Srivastava v. U.P. Postal Primary Co-operative Bank Ltd., (2003) 1 UPLBEC 1; and
3. Whether the U.P. Cane Co-operative Service Regulations, 1975 are statutory in nature having been issued under Section 122 of the Uttar Pradesh Co-operative Societies Act, 1965 or are merely in the nature of administrative instructions.
2. In the pro
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The court can enhance compensation based on the deceased's income and family dependency, and adjust the multiplier used by the Tribunal if found unjustified.
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