Arjun Prasad Singh v. The Bihar State Cooperative Marketing Union Ltd. And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.3284 of 2017 =========================================================== Arjun Prasad Singh Son of Late Khelawan Singh, Resident of Village-Surumpur, P.S. Shelaw, District-Nalanda.
.... .... Petitioner
Versus
1. The Bihar State Cooperative Marketing Union Ltd. (BISCOMAUN) West Gandhi Mnaidan, P.S. Gandhi Maidan, District-Patna through its Chairman.
2. THe Chairman, Bihar State Cooperative Marketing Union Ltd. West Gandhi Maidan, P.S. Gandhi Maidan, District-Patna.
3. The Managing Director, Bihar State Cooperative Marketing Union Limited, West Gandhi Maidan, Patna
4. Accounts Officer, Biscomaun, Patna.
5. Pay Bill Assistant, Head Quarter, Biscomaun, Patna. .... .... Respondents =========================================================== Appearance :
For the Petitioner/s : Mr. Niranjan Kumar, Adv. For the Respondent/s : Mr. Rakesh Kumar Jha, Adv. =========================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL JUDGMENT Date: 03-01-2018 Heard learned counsel for the parties.
The petitioner seeks a direction to the Bihar State Cooperative Marketing Union Limited (BISCOMAUN for the sake of brevity) for making payment of his labour dues for his service as a Night Guard in Sirdala Depot Branch of Nawada District. The law is well settled and a writ does not lie against a Cooperative Society unless it stands superseded and is governed by an Administrator appointed by the State Government under the Statute under which it is constituted. Admittedly this is not a case and an elected body is In-charge of the Society.
In the circumstances, the writ petition is held not
Patna High Court CWJC No.3284 of 2017 dt.03-01-2018 maintainable even if the petitioner has his remedy under the provisions of the Cooperative Societies Act and thus, if so advised, he can take recourse thereto.
The writ petition is disposed of.
(Jyoti Saran, J) Surendra/- AFR/NAFR NAFR CAV DATE NA Uploading Date06.01.2018 Transmission Date NA