HEMANT GUPTA,J. - (1.) The present appeals are directed against an order passed by the Division Bench of the High Court of Punjab and Haryana at Chandigarh on 19.3.2009 whereby the writ petitions filed by the respondents[1] herein were allowed holding that the Punjab State Co-operative Milk Producers Federation Ltd.[2] is a State within the meaning of Article 12 of the Constitution of India and that the employees are therefore entitled to pay scale equivalent to their counterparts in the State of Punjab from 1.1.1986, though the revised pay scale was allowed by the Federation w.e.f. 1.1.1994. [1] Hereinafter referred to as the 'employees'. [2] For short, the 'Federation'.
(2.) The milk producers in the State launched the setting up of Cooperative Societies at village level which are known as Primary Milk Producers Cooperative Societies. Such Primary Milk Producers Cooperative Societies are in turn members of The District Cooperative Milk Producers Union. These District Level Unions are ultimately the members of the Federation. The employees have claimed pay scale as revised by the Punjab Government Anomaly Committee w.e.f. 1.1.1986.
(3.) Before the High Court, an objection was raised by the Federation that since it is not a State within the meaning of Article 12 of the Constitution, therefore, the writ petitions were not maintainable. However, before this Court, Mr. Patwalia, learned senior counsel appearing for the Federation has submitted that the question whether the Federation is a State or not is not being raised in the present appeals. The main grievance of the Federation is regarding grant of revised pay scale w.e.f. 1.1.1986 though the Federation was suffering with acute financial stringency in those days and had therefore granted revised pay scales from 1.1.1994.;