ANIL KUMAR PANDEY AND ORS. Vs. STATE OF U.P. AND ORS.
LAWS(ALL)-2016-2-164
HIGH COURT OF ALLAHABAD
Decided on February 02,2016

Anil Kumar Pandey And Ors. Appellant
VERSUS
State of U.P. and Ors. Respondents

JUDGEMENT

- (1.) The reference before the Full Bench has arisen from a referring order dated 3 November 2015 of a learned Single Judge. The questions which have been referred for decision by the Full Bench are as follows: Whether a writ petition under Article 226 of the Constitution of India would be maintainable against a Cooperative Cane Development Society, at the instance of its employee, for alleged breach of the provisions of the Uttar Pradesh Cane Cooperative Service Regulations, 1975 which govern his service conditions;
(2.) Whether the law laid down in Ram Karan Vs State of U P & Ors Writ-A No 27306 Of 2014, or Srinarayan Gupta Vs State of U P, Special Appeal (D) No 779 Of 2014, Decided On 12 September 2014, is the correct law, in view of the law laid down by the Full Bench in Vijay Bihari Srivastava Vs U P Postal Primary Co-operative Bank Ltd, 2003 1 UPLBEC 1; and
(3.) Whether the U P Cane Cooperative Service Regulations, 1975 are statutory in nature having been issued under Section 122 of the Uttar Pradesh Cooperative Societies Act, 1965 or are merely in the nature of administrative instructions.;


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