S.J.MUKHOPADHAYA, J. - (1.) BOTH the appeals having preferred against common judgment dated 11th February, 2000 passed by the learned Single Judge in C.W.J.C. No. 1891 of 1998 (R), they were heard together and are being disposed of by this common judgment.
(2.) BY the impugned judgment, the learned Single Judge declared the appellant Bokaro Steel Employees (Administrative Services) Co -operative Credit Society Ltd. (Co -operative Society for short), as an instrumentality of the State and authority as mentioned under Article 12 of the Constitution of India. The learned Single Judge further held that the impugned order dated 29th January, 1999 passed by the Co -operative Society reducing the scale and Dearness Allowance (D.A. for short) from 0.67% and 0.55% per slab to Rs. 2/ - only per slab is unjustified, being not in consonance with the earlier decision of the Co -operative Society, set aside the order with direction to the Co -operative Society to reconsider the claim of the writ petitioners -private Respondents herein. The appellants have raised two questions for determination, namely, (a) whether the Co -operative Society is an instrumentality of the State /authority under Article 12 of the Constitution of India and the writ petition against the Co -operative Society is maintainable or not and (b) Whether the High Court has any jurisdiction under Article 226 of the Constitution to determine the question with regard to payment of D.A. and fixation of pay on the basis thereto?
(3.) THE writ petition was preferred by petitioners Arvind Kumar and others impleading both Steel Authority of India Ltd. (SAIL for short) and the Bokaro Steel Employees (Administrative Services) Co -operative Credit Society Ltd. (Co -operative Society) and their officials, seeking issuance of appropriate writ directing them to release full D.A. i.e. 0.67% and 0.55% respectively according to index which was alleged to have been withheld since November, 1996 with further prayer to direct the aforesaid Respondents to pay the difference of D.A. from November, 1996. During the pendency of the writ petition, vide decision dated 29th January, 1999, the Co -operative Society fixed the salary and D.A. which was alleged to be reduction of salary and D.A. By amendment petition, the decision aforesaid dated 29th January, 1999 was challenged.;