D.K.Seth, J. - (1.) The petitioner has prayed for a mandamus commanding the respondents to treat the petitioner as permanent employee instead of seasonal employee on the date when his juniors have been confirmed. The writ petition has been directed against the Bajpur Co-operative Sugar Factory Ltd., a Co-operative Society, registered under the U.P. Co-operative Societies Act. Before Mr. Dilia learned Counsel for the petitioner could open his case, Mr. A. K. Mishra, learned Counsel for respondents has taken a preliminary objection.
(2.) According to Mr. Mishra, the Co-operative Sugar Factory, is a Cooperative Society which is not a State within the meaning of Article 12 of the Constitution of India as has been held in the case of Radha Charan Sharma v. U.P. Co-operative Federation and Ors., 1982 UPLBEC 89(FB) : 1982 ALR 342 (FB), and therefore, the writ petition is not maintainable against respondent No. 1. He then contends that no writ lies against Kishan Sahkari Chini Mill, which has since been held in the case of Vijay Shankar Saini v. Deputy Registrar and Ors., (1997) 1 UPLBEC 262. It was then contended that service of the petitioner having been governed by the Standing Order, which do not have any statutory force, as has been held in the case of Rajasthan State Road Transport Corporation and Anr. v. Krishna Kant, AIR 1995 SC 1715, therefore, the petitioner cannot seek to invoke writ jurisdiction.
(3.) Mr. Sudhanshu Dulia, learned Counsel for the petitioner on the other hand contends that the question is no more res-integra. In as much as in the case of Jagveer Singh v. The Chairman, Co-operative Textile Mills Ltd. and Anr., decided on 6th May, 1999 in Special Appeal No. 344 of 1999, the Division Bench of this Court [Now reported in (1999) 2 UPLBEC 1251 (DB)] had held that a cooperative society is a State within the meaning of Article 12 of the Constitution of India and amenable to writ jurisdiction. Therefore, it is no more open to agitate the said point any more.;