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
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
1. Dinesh Kumar Sharma v. M.P. Dugdh Mahasangh Sahakari Samiti Maryadit = [1993 JLJ 512
2. Pradeep Kumar Biswas v. Indian Institute of Chemical Biology and others = [(2002)5 SCC 111]
3. lamshed N. Guzdar v. State of Maharashtra and others = [2005(1) JLJ 358
4. Rajasthan State Electricity Board v. Mohan Lal = [AIR 1967 SC 1857]
7. Virendra Kumar Srivastava v. U.P. Rajya Karamchari Kalyan Nigam and others = [(2005)1 SCC 149]
8. Gurucharan Singh v. Registrar, Cooperative Societies
10. International Airport Authority = [AIR 1979 SC 1628]
11. Ajay Hasia case = [AIR 1981 SC 487]
12. Tekraj Vasandi = [AIR 1988 SC 469]
14. Virendra Kumar Srivastava v. U.P. Rajya Karmachari Kalyan Nigam = [(2005)1 SCC 149]
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