CHANDRA MOHAN DABRIYAL Vs. ZILA BHESUCHJ EVAM SEHKARI SANGH LTD
LAWS(UTN)-2012-10-7
HIGH COURT OF UTTARAKHAND (AT: NAINITAL)
Decided on October 03,2012

Chandra Mohan Dabriyal Appellant
VERSUS
Zila Bhesuchj Evam Sehkari Sangh Ltd Respondents

JUDGEMENT

- (1.) List has been revised. The learned counsel for the respondent is not present. Heard Sri Sharad Sharma, the learned senior counsel assisted by Sri Pradeep Chamiyal, the learned counsel for the petitioners. The petitioners are employees of Zila Bhesuchj Evam Sehkari Sangh Ltd. Kotdwar Garhwal and are working as Accountant, Driver, Clerk, Salesman, Chowkidar, Cashier, etc. It is alleged that the petitioners were being paid dearness allowance, etc. as given to State Government employees, but from 1997, this dearness allowance was stopped as the Society in which the petitioners were working underwent a financial crisis. It is alleged that even though the respondents had resolved to pay the arrears of dearness allowance but neither the arrears have been paid nor the dearness allowance for subsequent years have been paid. The petitioner made a representation, which fell on deaf ears and, accordingly, have filed the present writ petition, praying for a writ of mandamus, commanding the respondents to pay the dearness and house rent allowance along with arrears w.e.f. 1.7.1997.
(2.) The respondents in their counter affidavit have denied the claim and contended that they are not bound by the Government Orders which provide for payment of dearness allowance to its employees. The respondents contended that they are a Society under the Societies Registration Act and the notification issued by the Government is not applicable.
(3.) In paragraph 11 of the writ petition, the petitioners contend that the services of the petitioners are governed by the Rules known as Uttar Pradesh Central Consumer Cooperative Stores Employees Service Regulations, 1986, which fact is admitted by the respondents in paragraph 9 of the counter affidavit.;


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