M.D., BHADRA SHAHAKARI S.K. NIYAMITA versus PRESIDENT, CHITRADURGA MAZDOOR SANGH AND ORS.

M.D., BHADRA SHAHAKARI S.K. NIYAMITA versus PRESIDENT, CHITRADURGA MAZDOOR SANGH AND ORS.

Writ petition against a co-operative sugar factory is not maintainable as it is not 'State' under Article 12; however, in the interest of justice and workers, Management directed to pay 10% back wages to reinstated workers for 1992-1999.

Source-derived case information.

Parties
Appellant: M.D., Bhadra Shahakari S.K. Niyamita; Respondents: President, Chitradurga Mazdoor Sangh and Ors.
Jurisdiction
India
Judgment Date
31 October 2006
Procedural Posture
Civil Appeal / Final Disposal
Outcome
Appeals disposed of
Legal Topics
Maintainability of Writ Petitions Against Cooperative Societies, Back Wages for Reinstated Workers
Constitutional Law Labour Law Maintainability of Writ Petitions Against Cooperative Societies Back Wages for Reinstated Workers

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 2 Authorities cited 7 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

M.D., Bhadra Shahakari S.K. Niyamita

Appellant

President, Chitradurga Mazdoor Sangh and Ors.

Respondents

Procedural Posture

Civil Appeal / Final Disposal

Legal Issues

  1. 1 Whether a writ petition against a co-operative sugar factory is maintainable under Article 12 and 226 of the Constitution of India
  2. 2 Entitlement of reinstated workers to back wages

Ratio Decidendi

Writ petition against a co-operative sugar factory is not maintainable as it is not 'State' under Article 12; however, in the interest of justice and workers, Management directed to pay 10% back wages to reinstated workers for 1992-1999.

Court Disposition

Appeals disposed of

Orders

  • Appellant-Management to pay 10% back wages (Rs.9.52 lacs) for 1992-1999 to 51 workmen within two months; amount to be distributed as per their dues.
  • Workers reinstated in service will not be disturbed except in accordance with law.