A.P.Singh, J. - (1.) Present writ petition has been filed against the order dated 17.11.1992, which is filed as Annexure-10 to the writ petition, passed by the General Manager of Majhola Distillety and Chemical Works, Majhola, district Pilibhit. Petit oner has also prayed for an order that his functioing as Store Keeper in the said distillery may not be disturbed or the basis of the aforementioned order of dismissal.
(2.) In Paras 1 to 4 of the writ petition, it has been alleged that although the petitioner was employed to v ork in tlie Majbola Distillery and Chemical Works, Majhola, district Pilibhit (hereinafter referred to as the 'Distillery'), but the said distillery has no Independent status and is not registered under the Companies Act or under any other Act but is being run by the U. P. Co-operative Sugar Factories Federation Ltd., Lucknow, which controls it's functioning and finances. It has further be in alleged that the U. P. Co-operative Sugar Factories Federation Ltd., Lucknow (hereinafter referred to as 'Federation') is an instrumentality of the State Government and, therefore, it is covered under Article 12 of the Constitution.
(3.) In the counter-affidavit filed on behalf of the Distillery, the fact that the distillery has no independent status of its own has not been denied. It has not been disclosed in the counter-affidavit as to under which enactment or instrument the said distillery has been created or registered. The respondent distillery has, however, alleged that the said distillery is independent of and has nothing to do with the Federation inasmuch as it has got its licence in its own name for carrying on its activities under the U. P. Excise Act.;