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SANGEETA CHANDRA
Kalamuddin – Appellant
Versus
State Of U. P. – Respondent
ORDER :
(Sangeeta Chandra, J.)
1. Heard Sri Ashok Khare, learned Senior Advocate assisted by Sri Siddhartha Khare, learned counsel for the petitioners, and Sri Ajit Kumar Singh, Additional Advocate General assisted by Sri Sudhanshu Srivastava for the respondent no. 1 and 2, and Sri O. P. Singh, learned Senior Advocate assisted by Sri Sujit Kumar Rai for the respondent no. 5 and 6, and Sri Navin Sinha, learned Senior Advocate again assisted by Sri Sujit Kumar Rai for the respondent nos. 3 & 4.
2. All of the above petitions are connected and are being taken up together as they involve identical issues. There are a total of 378 petitioners before this Court. All of them have challenged Circular dated 17.09.2021 issued by the Commissioner and Registrar Cooperatives U.P. Lucknow and also the communication of the Deputy General Manager (Administration) of U.P. State Nirman Sahkari Sangh Limited Lucknow (hereinafter referred to as “Sangh”) and the notice dated 22.02.2022 issued by the Superintendent Engineer, and have prayed for a Mandamus to be issued to the respondents not to interfere in the working of the petitioners as Sahyogis/Clerks/Junior Engineers /Assistant Engineers, and to pay
The main legal point established in the judgment is that a writ petition by an outsourced employee against a private entity is not maintainable.
Contracts of service with the State can be examined for unconscionable terms, and judicial review under Article 226 is not barred by arbitration clauses.
The Army Welfare Education Society is not a 'State' under Article 12, and the doctrine of legitimate expectation does not apply to private employment disputes.
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