DILEEP KUMAR Vs. PRADESHIK COOPERATIVE DAIRY FED. LTD. AND ORS.
LAWS(ALL)-2011-4-433
HIGH COURT OF ALLAHABAD
Decided on April 01,2011

DILEEP KUMAR Appellant
VERSUS
Pradeshik Cooperative Dairy Fed. Ltd. And Ors. Respondents

JUDGEMENT

Sudhir Agarwal, J. - (1.) HEARD learned Counsel for the Petitioner and perused the record.
(2.) THE dismissal order dated 30th July 1992 passed by the Respondent No. 2 has been assailed in this writ petition. The only ground pressed before this Court is that the impugned order is in violation of Regulation 87 of U.P. Cooperative Societies Employees, Services Regulations, 1975 (hereinafter referred to as "1975 Regulation") since no prior approval of Institutional Service Board was obtained before passing impugned order of punishment. In the counter affidavit, the Respondents have taken an objection that 1975 Regulation are not applicable to the Dairy Federation, hence the impugned order cannot be assailed on the ground of violation of 1975 Regulation.
(3.) THIS issue is no more res Integra having been settled by this Court. Hon'ble Single Judge in Vishwanath Gupta v. Pradeshik Cooperative Dairy Federation and Ors., 1998 (80) FLR 457 has held termination of an employee of Dairy Federation illegal being in violation of regulation 85 of 1975 Regulations.;


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