The Writ Petition was maintainable for enforcement of statutory rights created in favor of employees, falling within the ambit of Article 21 of the Constitution of India and Section 9 of the Act.

JUDGMENT

Sharad Kumar Sharma, J. - Before start of the argument, counsel for respondent No. 2, Mr. C.S. Rawat, has raised the preliminary objection with regard to the maintainability of the Writ Petition, on the ground that respondent No. 2, which is the Cooperative Cane Development Union, under which, the Sugar Mill is operating, is not a state under Article 12 of the Constitution of India. Hence, he submits that this Writ Petition would not be maintainable. Let me answer and meet this preliminary question raised by the learned counsel for the respondent No.2, that too, after the order of this Court dated 15.10.2019, inviting counter affidavit, after hearing the counsel for the respondent, and not even that after filing counter affidavit on 18.02.2020, without raising a plea of maintainability at the threshold itself.

2. The Cooperative Societies Act, under the Old Act of 1965, as well as the Act of 2003, called as the Uttaranchal Cooperative Societies Act, 2003, as notified, in the official gazette on 21.05.2003, and as made applicable to the State of Uttarakhand, in its Section 9 provides the legal status to the Cooperatives, as to be a Body Corporate. Section 9 of the Uttarakhand Co-operative Societies Act, 2003, which is quoted hereunder :-

"9. Co-operative society to be bodies corporate - The registration of a society shall render it a body corporate by the name co-operative society under which it is registered, having perpetual succession and a common seal, and with power to hold property, enter into contracts, institute and corporate defend suits and other legal proceedings and to do all things necessary for the purpose for which it was constituted."

3. By virtue of which, the Cooperatives have been made entitled to register themselves with the Registrar Cooperative Societies of the State, and have their perpetual succession, common seal and the power to hold property and to conduct its business independently, and has been vested with legal right to sue and be sued as an independent legal entity.

4. Besides this, in view of the Constitution Amendment made by insertion of Article 43-B of the Constitution of India, which was amended by way of 97th Amendment Act of 2011 w.e.f. 15th February, 2012, the State has been vested with the responsibility, to make all endeavour to promote voluntary formation, autonomous functioning, democratic control and professional management of the Cooperative Society. Thus Cooperative thus registered aims to meet and augment the constitutional objective.

"[43-B. Promotion of co-operative societies. - The State shall endeavour to promote voluntary formation, autonomous functioning, democratic control and professional management of co-operative societies."

5. On harmonious reading of Article 43-B to be read with Section 9 of the Act of 2003, and particularly in the light of the relief sought for in the Writ Petition, i.e. with regard to the remittance of provident fund, gratuity, leave encashment, arrears of ACP and arrears of the recommendation of 6th and 7th Pay Commission, they all fall to be within a legally enforceable statutory rights created in favour of the employees, which was payable to them under the directives issued by the Government, from time to time by the various government orders, office memorandum and even the Act, and also based on the recommendation of Pay Commission, hence, too, the nature of relief sought for in the Writ Petition, would fall to be for an enforcement of an statutory right, which will fall to be within the beneficial domain of the rights of employee for even those, who are working in the Cooperative Societies, hence, the rights sought to be enforced by the Writ Petition, would fall to be an enforcement of right created under law, which will be within Article 13 of the Constitution, which defines law.

"13. Laws inconsistent with or in derogation of the fundamental rights. - (1) All laws in force in the territory of India immediately before the commencement of