R.H.Zaidi, J. - (1.) Petitioner, by meant of the present petition under Article 226 of the Constitution of India, who was an employee of Machanical Departmental Co-operrtive Bank Ltd.. North Eastern Railway, Gorakhpur (hereinafter referred to as the Bank challenges the validity of the ordet dated 14-3-1994, passed bv the Board of Directors of the Bank and communicated to him vide letter dated 25-3-1994 of the acting Secretary, Mechanical Department of the Bank. He also prays for a writ in the nature of mandamus restraining the respondents from, interfering in his functioning as senior clerk and to pay bis salary regularly.
(2.) The relevant facts of the case, as stated in the writ petition, are are that the Bank was a Co-operative Society registered under the U P. Co-operative Societies Act, 1965 The Area of operation of the society was Noth Eastern Railway in Uttar Pradesh and Bihar, It was thus a Multi-State Co-opeiative Society within the meaning of term used in multi- State Co-operative Societies Act, 1984. The Society has got its registered bye-laws, which provide for the Constitution of the Board of Directors. The management of the society is vested in Board of Directors- Under the bye-laws the Board of Director happens to be srpointing authority of the employees of the Society. Petitionar claims that the Bank comes within the definition of the term "other authority" and "authority" used under Article 12 and 226 of the Constitution of India and thus, was amenable to jurisdiction of this Court under Article 226 of the Constitution of India. The petitioner claims that the Reserve Bank of India and Central Government have full control over the management of the Bank and the provisions of the Bank and the provisions of the Banking Regulation Act, 1949 are also applicable to it. It has further been stated that from time to time Reserve Bank of India and Central Government have been issuing directions and orders regarding day to day functioning of the Bank. It was on 1-8-1989 petitioner was appointed as Adeshpal. (Class IV employee). Thereafter vide order dated 22-10-1989 he was appointed as junior clerk and was confirmed on the said post on 16-8-1990. On 15-1-1994 he was posted as senior clerk, which was equivalent to the post of cashier.
(3.) In the year 1993 Board of Directors of the Bank was elected but subsequently, a dispute with respect to the management of the Bank arose, which resulted multiple litigations and appointment of Administrator by the Registrar to look after the administration of the Bank. There were two rival groups, each of them was claiming right to manage the affairs of the Bank. One Sri Udai Bhan Singh, acting secretary has been siding with the Board of Directors, has been harassing those employees, who recognised the administrator appointed by the Registrar. Petitioner, since was recognising the Administrator was not being permitted even to sign the attendance Register by Beting Secretary. The proceedings under Section 145/46 Cr. P C. were also initiated. Ultimately, the said proceedings were dropped, but the petitioner was not permitted to sign the attendance registrar to perform his duties. Shri. U B. Singh also resorted to physical rift and assaulted the petitioner, whereupon a F.I.R. was lodged by the petitioner. A cross F.I.R. was also lodged by Sri U. B. Singh against the petitioner with false and concocted allegations. On 24-3-1994 without following the procedure prescribed under law and without affording the opportunity of hearing to the petitioner, be was dismissed from services, wholly arbitrarily. The order dated 24-3- 1994 has been set out in Annexure VIII to the writ petition, which is alleged to have passed by the Board of Directors.;