High CourtsSingle Bench(2002) 10 AHC CK 0144

The then Member-Secretary, District Administrative Committee vs Presiding Officer, Labour Court and Another

Allahabad High Court · Decided on 3 October 2002 · Citation: (2002) 5 AWC 3987

HON’BLE JUDGES
Anjani Kumar, J
RESULT
Dismissed
CASE NUMBER
C.M.W.P. No. 25292 of 1998

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Judgment

6 paragraphs · 347 words

Anjani Kumar, J.—Heard learned Counsel appearing for the parties.

2.

This writ petition has been filed by the then Member-Secretary, District Administrative Committee of U.P. Primary Agricultural Co-operative Credit Societies Centralized Service-cum-Secretary District Co-operative Bank Ltd., Kanpur, framed in exercise of statutory power under U.P. Primary Agricultural Co-operative Credit Societies Centralized Service Rules, 1976, hereinafter referred to as ''1976 Rules''.

3.

Sri M. P. Gupta, learned Counsel for the Petitioner, has argued that this award is directed against the Zila Sahkari Bank Ltd., Kanpur Nagar, and, therefore, this writ petition may be treated to be a writ petition on behalf of Zila Sahkari Bank Ltd., Kanpur Nagar.

4.

Be that as it may, there is no authority in favor of the counsel to file this writ petition on behalf of the Zila Sahkari Bank Ltd. This writ petition is apparently filed by the Petitioner, which is a separate statutory body constituted under the provisions of 1976 Rules, referred to above. Zila Sahkari Bank is incorporated and registered under the provisions of the U.P. Cooperative Societies Act, 1965. Even there is no assertion in the array of parties that the Secretary now District Administrative Committee of the aforesaid Primary Agricultural Cooperative Centralized Service has been authorized by the Zila Sahkari Bank Ltd., to file the present writ petition. It may be a person holding dual office, one that of Secretary of Zila Sahkari Bank Ltd., and the other Secretary Primary Agricultural Cooperative Society Centralized Service constituted in accordance with the provisions of 1976 Rules, referred to above but the array of parties clearly demonstrates the capacity in which the aforesaid writ petition has been filed.

5.

In this view of the matter, the present Petitioner cannot be said to be aggrieved by the order impugned in the present writ petition and the present writ petition cannot be accepted on behalf of Zila Sahkari Bank Ltd.

6.

In view of what has been stated above, this petition deserves to be dismissed and is hereby dismissed. The interim order, if any, stands vacated. There is no order as to costs.