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Patna High CourtCWJC/18637/2017dismissed

Gopal Shankar Sinha v. Bihar State Financial Cooperative Marketing Union Ltd. And ORS

2020-07-09Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18637 of 2017 ====================================================== Gopal Shankar Sinha S/o Late Rajendra Prasad, Resident of Mohalla- New Colony, Dandibag, Near Ayurvedic College, Gaya, P.O.- Chanchaura, P.S.- Vishnupad, District- Gaya.

... ... Petitioner/s

Versus

1.

Bihar State Financial Cooperative Marketing Union Ltd. Through its Chairman, Biscomaun Bhawan, Patna 2.

The Chairman, Bihar State Cooperative Marketing Union Ltd. , Biscomaun Bhawan, Patna, District- Pat 3.

Managing Director, Bihar State Cooperative Marketing Union Ltd. , Biscomaun Bhawan, Patna, District 4.

Senior Regional Officer, Bihar State Cooperative Marketing Union Ltd. , Magadh Pramandal, Gaya, ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ravindra Kumar Sinha For the Respondent/s :

Mr.Vikas Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 09-07-2020 Heard Mr. Ravindra Kumar Sinha, the learned counsel for the petitioner, and Mr. Vikas Kumar, the learned counsel for the BISCOMAUN.

The matter has been taken up through video conferencing.

The petitioner filed this writ petition for a direction to the respondents, Bihar State Co-operative Marketing Union Ltd. (BISCOMAUN) to pay the gratuity, earn leave and arrears of salary of the petitioner from September, 1997 to April, 2009 with 9% interest per annum.

Patna High Court CWJC No.18637 of 2017(3) dt.09-07-2020 2/2 Mr. Vikas Kumar, the learned counsel for the BISCOMAUN raised preliminary objection about the maintainability of the writ petition as A Special Bench of this court in the case of the Organizer, Dehri C.D. & C. M. Union Ltd v. the State of Bihar reported in 2014(1) PLJR 695 held that writ petition is not maintainable against the Cooperative Society such as BISCOMAUN.

Having considered the facts aforesaid I find that this writ petition is not maintainable and the same is, accordingly, dismissed.

(Prabhat Kumar Jha, J) BKS/- U