- (1.) The petitioner is seeking a writ of mandamus directing respondent No. 1 - The Punjab State Cooperative Agricultural Development Bank to pay salary and further be directed to allot the duty to the petitioner.
(2.) The petitioner has been working as a Junior Accountant in the bank when he absented himself since September 27, 1988. He was arrested in some criminal case on March 27, 1989 and was challaned on March 31, 1989 and later was released on bail. According to the petitioner on March 27, 1989, he has submitted his joining report, but he was not allowed to join the duties nor he was paid the salary for the earlier period.
(3.) In the return filed on behalf of the respondents, a preliminary objection has been raised that the present writ petition is not maintainable as the respondent-bank is not a State under Article 12 of the Constitution, as it is not the creation of a statute but is a society registered with the Cooperative Societies Act. The other allegations made in the writ petition were denied. It was stated that the question of joining his duty on March 27, 1989 did not arise as on that date the petitioner was arrested and prior thereto he had absented himself in order to avoid his arrest by the police.;