K.P. Bhandari, J. - (1.) J.S. Yadav, Petitioner No. 1 and Bhushan Lal petitioner No. 2 were appointed salesmen on 4.8.1976 and 22.10.1975 respectively. K.L. Arora petitioner No. 3 and Vijay Rani, petitioner No. 4 were appointed in Haryana State Federation of Consumers Cooperative Stores, Limited, Chandigarh on 28.12.1979 and 29.12.1979 respectively. It is averred that Panipat Central Cooperative Consumer Store, Panipat and CONFED are under substantial control of the Government. Substantial funds are provided by the Government. These stores carry out important public duties of distribution of essential commodities to the public. So, Panipat Central Cooperative Consumer store and CONFED is an instrumentality of the State as defined in Article 12 of the Constitution of India.
(2.) It is averred in the writ petition that the services of the petitioners are governed by the Staff Service Rules of the Federation of Consumer Cooperative Wholesale Stores Limited. It is the further stand of the petitioners that in 1979 all employees of CONFED and Central Consumers Store, were merged into a single unified cadre.
(3.) It is stated that Shri J.S. Yadav has not received salary from the respondents from October, 1988; Bhushan Lal from December, 1988; K.L. Arora from January, 1989, Vijay Rani From September, 1988. It is stated that the salaries of the petitioners have been illegally stopped. The services of the petitioners No. I to 3 were terminated vide Annexures p.3, p.4 and p.5. The language of the termination order is the same so one of the orders, Annexure p.3 is reproduced as under : "You are hereby informed that Panipat Central Cooperative Consumers Store, Ltd. Panipat, has been brought under liquidation, vide office letter No. R.K.T./2333-36 dated 16.5.1989 of the Assistant Registrar Cooperative Societies, Panipat & since you are the employees of this store which has been closed, your services in Panipat Central Coop. Consumers Store are no more required. Hence you are hereby informed vide this notice that one month after receipt of this notice, your services from the Panipat Central Cooperative Consumers Stores, will be terminated. A copy of this notice has been retained.";