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HIGH COURT OF GAUHATI
KALYAN RAI SURANA, J
LAKHI RAM BORA and 22 ORS. – Appellant
Versus
STATE OF ASSAM and ORS. – Respondent
| Table of Content |
|---|
| 1. establishment and funding of ascu by the government. (Para 1 , 2 , 3 , 4) |
| 2. dispute over state liability to ascu employees. (Para 5 , 6) |
| 3. arguments presented by both parties regarding control and employment. (Para 7 , 9 , 10) |
| 4. criteria for ascu as a state authority under article 12. (Para 12 , 14 , 21) |
| 5. employees of ascu not government servants. (Para 25 , 26 , 31 , 32) |
| 6. writ petitions against state not maintainable. (Para 33 , 36 , 38) |
JUDGMENT
Date : 25-04-2019 Whether the petitioners, being employees of Assam State Cooperative Union, which is a registered Cooperative Society, would be entitled to an order in the nature of mandamus against the State for paying the monthly salary and other emoluments as revised from time to time, is one of the basic issue that arises for decision in these set of writ petitions filed under Article 226 of the Constitution of India.
2) It is projected that the Assam State Cooperative Union (‘ASCU’ for short) was conceived, set up and established by the Government of Assam for the promotion of Cooperative education, training, publicity and propaganda work throughout the state of Assam. The said ASCU was entrusted with the Assam Sta
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