Late Dilip Kumar Dutta Represented by Smti Anjali Dutta and 2 Ors v. The State of Assam and 4 Ors

ORDER

09.04.2024 (Vijay

Bishnoi, CJ) The appellants who are working with the Assam State Cooperative Union

(ASCU) had approached the learned Single Judge by way of filing the writ petition essentially with the prayer to direct the respondents State to make the payment of their due salary and other emoluments as revised from time to time. Page No.# 3/4 The learned Single Judge has dismissed the writ petition filed on behalf of the appellants while observing that since the appellants are the employees of the ASCU and not the employees of the State, no mandamus can be issued to the State for paying their monthly salary and other emoluments as revised from time to time. Being aggrieved with the impugned order passed by the learned Single Judge, the appellants have preferred this writ appeal. Learned counsel for the respondents has submitted that the question involved in this writ petition is no more res integra as a coordinate Bench of this Court in Writ Appeal No.5/2022 [Sri Amarjit Barman and others Vs. State of Assam and others] and other connected Writ Appeals has already taken a view that the ASCU cannot be said to be an authority or instrumentality of the State under Article 12 of the Constitution of India. Hence, the writ petition filed by the appellants against the State seeking relief of payment of salary is not maintainable. Having gone through the Judgment dated 17.03.2023 passed by a coordinate Bench in Writ Appeal No.5/2022 [Sri Amarjit Barman and others Vs. State of Assam and others] and other connected Writ Appeals we are in full agreement with the same. Hence, we do not find any illegality in the impugned judgment passed by the learned Single Judge whereby the writ petition filed by the appellants has been dismissed as not maintainable. Hence, no case for interference is made out. The Writ Appeal is dismissed. However, the appellants are free to approach the forum under the appropriate Labour legislation from or the Cooperative Societies Act for redressal of their grievances. It is also observed that if there is any delay on the part of the appellants in approaching the Page No.# 4/4 appropriate forum, the question regarding condonation of delay would be taken into consideration sympathetically.

JUDGE CHIEF JUSTICE Comparing Assistant

PageoNo.#o1/4 GAHC010123342019 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWA/302/2021o LATEoDILIPoKUMARoDUTTAoREPRESENTEDoBYoSMTIoANJALIoDUTTAoANDo2 ORSo W/O-oLATEoDILIPoKUMARoDUTTA,oR/O-oVILL.-oKUKURACHOWA,oP.O.o NAMTIDOLL,oDIST.-oSIVASAGAR,oASSAM,oPIN-o785684o(WHOoWASo SUBSTITUTEDoVIDEoORDERoDTD.o29/03/2018oPASSEDoINoI.A.oNO.o1060/2018). 2:oSRIoPURNANANDAoPHUKAN oS/O-oSRIoTANKESWARoPHUKAN oR/O-oHAHCHARAoRAILUNGoCHETIAoGAON oP.O.oHAHCHARAo(KUJIFALI) oP.S.oANDoDIST.-oSIVASAGAR oASSAM oPIN-o785701. 3:oSRIoMUKUToDUTTA oS/O-oLATEoDURGESWARoDUTTA oR/O-oVILL.-oSALAGURIoNO.o2 oP.O.oSALAGURI oDIST.-oSIVASAGAR oASSAM oPIN-o785701o VERSUSo THEoSTATEoOFoASSAMoANDo4oORSo REP.oBYoADDITIONALoCHIEFoSECRETARYoTOoTHEoGOVERNMENToOFo ASSAM,oREVENUEoANDoDM,oAGRICULTURE,oIRRIGATION,oCO-OPERATIONo DEPARTMENT. 2:THEoREGISTRARoOFoCO-OPERATIVEoSOCIETIES oASSAM oKHANAPARA oGUWAHATI-o781022. Page No.# 2/4 3:THE DY. REGISTRAR OF CO-OPERATIVE SOCIETIES SIVASAGAR INCHARGE PRINCIPAL OF ASSAM CO-OPERATIVE TRAINING INSTITUTE JOYSAGAR DIST.- SIVASAGAR ASSAM. 4:THE ASSAM STATE CO-OPERATIVE UNION REP. BY ITS CHIEF EXECUTIVE OFFICER B. BARUAH ROAD OPPOSITE B. BARUAH COLLEGE GUWAHATI- 781007. 5:THE ASSAM RAJIV GANDHI UNIVERSITY OF CO-OPERATIVE MANAGEMENT REPRESENTED BY PRINCIPAL SECRETARY TO THE GOVERNMENT OF ASSAM BASIC TINIALI GADAGHAR NAGAR JOYSAGAR DICIAL DHULIA GAON ASSAM-785665 Advocate for the Petitioner : MR. B D KONWAR, SR. ADV. Advocate for the Respondent : MR. S K TALUKDAR, SC, COOPERATIVE DEPTT. BEFORE HONOURABLE THE CHIEF JUSTICE HONOURABLE MR. JUSTICE SUMAN SHYAM