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2015 Supreme(All) 3000

D. Y. CHANDRACHUD, NARAYAN SHUKLA
Ramji Lal Tewari 5993(S/S)2000 – Appellant
Versus
U. P. Co-Operative Sugar Federation Ltd. Lko. Thru M. D. – Respondent


Advocates Appeared:
For the Petitioner: Suresh Chandra Srivastava.
For the Respondent: Anurag Kumar Singh.

JUDGMENT

The petitioner ? appellant had filed a writ petition seeking the following reliefs:

"(i) To issue a writ of mandamus commanding the opposite parties to allow the petitioner to work on the post of Fitter Helper w.e.f. 26-6-2000.

(ii) To issue a writ of mandamus commanding the opposite parties to make permanent on the post of Fitter Helper w.e.f. 26-8-1996 with all consequential benefits when juniors to the petitioner have been promoted on the post of Fitter Helper and Motor Attendent."

2. The learned Single Judge held that the writ petition was not maintainable under Article 226 of the Constitution, relying upon the judgment of the Supreme Court in General Manager, Kisan Sahkari Chini Mills Ltd., Sultanpur, U.P. vs. Satrughan Nishad [ AIR 2003 SC 4531 ]. The learned Single Judge has also held, after noticing the subsequent decision in Ghaziabad Zila Sahkari Bank Ltd. vs. Addl. Labour Commissioner [ 2007 11 SCC 756 ], that the provisions of Section 70 of the U.P. Cooperative Societies Act, 1965 contain a complete machinery and if there is any dispute between the employers and the employees of a cooperative society, the matter has to be resolved as prescribed therein. Hence, the


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