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2007 Supreme(MP) 402

S.K.KULSHRESTHA, SHANTANU KEMKAR, A.M.SAPRE, A.K.PATNAIK, K.K.LAHOTI
M. P. State Cooperative Dairy Federation Ltd. – Appellant
Versus
Madanlal Chourasia – Respondent


Advocates:
Vivek Tankha and Rajendra Tiwari with Nikhil Tiwari for appellants;
R.N. Singh and P.S. Nair with Anoop Nair for respondent.

JUDGMENT

Patnaik, C.J. -- 1. This is a reference made to this Bench by the Full Bench on the question whether Madhya Pradesh Cooperative Dairy Federation Limited (for short "the Federation") is 'State' under Article 12 of the Constitution of India.

2. The background facts leading to this reference briefly are that the employees of the Federation are governed by the Service Regulations of the Federation. Regulation 13 of the Service Regulations of the Federation provided for compulsory retirement of an employee of the Federation on attaining the age of 55 years or on completion of 25 years of service. The Registrar of Cooperative Societies in exercise of his powers under section 55(1) of the Madhya Pradesh Cooperative Societies Act, 1960 (for short "the Act") amended regulation 13 w.e.f. 24.12.2001 providing for compulsory retirement of an employee of the Federation on attaining the age of 50 years or completion of 20 years of service. In accordance with the amended regulation 13 of the Service Regulations of the Federation, several employees of the Federation were compulsory retired. Aggrieved, such employees filed writ petitions under Article 226 of the Constitution and these writ p







































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