ABHAY SWAROP SAXENA S/O. LATE SRI R.S. ARYA Vs. CHIEF EXECUTIVE OFFICER, UTTARAKHAND SUGARS, 53-B SUBHASH ROAD DEHRADUN UTTARAKHAND AND ANOTHER
HIGH COURT OF UTTARAKHAND
Abhay Swarop Saxena S/O. Late Sri R.S. Arya
Chief Executive Officer, Uttarakhand Sugars, 53 -B Subhash Road Dehradun Uttarakhand And Another
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B.S. Verma, J. -
(1.) HEARD Sri Sobhit Saharia, Advocate for the petitioner and Sri T.A. Khan, Senior Advocate, assisted by Sri Rajesh Joshi, Advocate for the respondents on interim relief application. By means of this petition the petitioner has sought a writ in the nature of certiorari quashing the orders dated 14 -12 -2012 passed by respondent No. 1 as well as the consequential order dated 19 -12 -2012, passed by respondent No. 2.
(2.) LEARNED counsel for the petitioner has contended that the petitioner is an employee of Bazpur Sugar Cooperative Factory Ltd and his services are governed as per bye -laws of the said Cooperative Society and appointing authority of the petitioner is the General Manager of the said Society while the order impugned has been passed by the Apex Body. Therefore the Apex Body has no right to revert the petitioner. The petitioner has been working as Law Officer in Bazpur Sugar Cooperative Factory since 2006. The reversion order has been passed on the ground that the petitioner was given undue promotion. On the other hand learned Senior Advocate Sri T.A. Khan appearing on behalf of the respondents has submitted that the Apex Body is also having power in the bye -laws to appoint, transfer, suspend, dismiss, censure, fine of otherwise punish the employees of the member cooperative sugar factories. Reliance has been placed on sub -clause (b) of clause (5) of the Bye -laws of Uttaranchal Cooperative Sugar Factories Federation Ltd. Dehradun.
(3.) IN reply thereto learned counsel for the petitioner has submitted that the bye -laws are applicable only to the employees of central services employees working in the Cooperative Societies and not to the wage board employees. He has placed reliance on G.O. dated 20 -2 -2003.;
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