S.J.MUKHOPADHAYA, J. - (1.) THIS writ petition has been preferred by petitioner Bokaro Ispat Kamgar Union for a direction on the management of Bokaro Steel Plant to absorb the employees of Bokaro Steel City Central Consumer Co -operative Stores Limited (for short Co -operative Stores Ltd.) and to pay them salary and other benefits at par with the employees of Bokaro Steel Limited. The writ petition was earlier heard by this Court and was dismissed on 7th December, 1998 on the ground of alternative remedy and the said order was affirmed in LPA No. 18 of 1999. However, the Supreme Court set aside the order of 18th August, 2000, restoring the writ petition to the original file of the Court for decision on merit. The parties were heard accordingly, in detail.
(2.) THE main plea was taken by the counsel for the petitioner that the Co - operative Stores Ltd. is an organ of Bokaro Steel Limited. For all purposes, it is being run by the management of Bokaro Steel Limited and the Principal Employer of employees of Cooperative Stores Limited is the Bokaro Steel Ltd. Counsel for the petitioner placed relevant facts to trace out the history of Cooperative Stores Ltd., as narrated hereunder. The Co -operative Stores Ltd. is a Society registered under the Bihar and Orissa Cooperative Societies Act (Act VI of 1935). Its first meeting was held on 15th August. 1962 under the Presidentship of Sri Ramchandra Rant and was constituted to provide essential commodities to the employees of the Bokaro Steel Ltd. The bye -laws of the Society was amended in pursuance of a decision dated 28th December, 1966 and an extra -ordinary General Body meeting was held on 25th April, 1967 for nomination of Secretary. Treasurer and Members of the Consumers Co -operative Stores Ltd. Counsel for the petitioner place reliance on the amended bye -laws, added in pursuance of April, 1962 decision, to suggest that the Co -operative Stores Ltd. is an organ of Bokaro Steel Ltd. Therein, after paragraph No. 2 of Sub -Clause (a) of Column 22, following additions were made : "The employer company shall nominate the Chairman and Treasurer of the society and shall be entitled to nominate, including the Chairman and Treasurer, a total of 3 members or one -third of the total Member of members, whichever is less, for the committee of management, provided the employer company subscribe 50% of the issued shares or 250 shares whichever is less. But, if the financial assistance in the shape of loan in the working capital or grant -in -aid is made, then, the right to nominate members shall be limited to only one."
(3.) AN agreement was entered into between the management of Bokaro Steel Ltd. and Negotiation Committee to supply the essential commodities to the employees of the Bokaro Steel Ltd. vide memorandum dated 27th October. 1970 and the management of Bokaro Steel Ltd. (BSL for short) explicitly decided to provide essential commodities to the Co -operative Stores Ltd.;