Legal Question in Constitutional Law in India

Writ Petition

Can a Writ Petition be invoked against a cooperative society which is not an instrumentality of state under Article 12 of the Constitution? Generally, Writ petitions are not held mantainable against cooperative societies & in the light of recent Apex Court judgment where Employer - Employee dispute cannot be referred to Registrar Cooperative Societies as only such matters can be referred to RCS which deal with Constitution, Business or Management of the Society, many cooperative societies such as cooperative Banks have become Absolute Authorities and are violating terms of employment & working conditions of their own employees. In such a case what is the remedy for an affected employee?


Asked on 9/22/08, 7:35 am

3 Answers from Attorneys
Urvi Rathod UR Legal (International Law firm) Advocates & Legal Consultants

Re: Writ Petition

the employee can file a civil suit against the co-operative society/bank for violating terms of employment and working conditions.

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Answered on 9/23/08, 3:16 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: Writ Petition

You can file case of civil nature

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Answered on 9/23/08, 4:14 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Writ Petition

A writ petition should be maintainable against a cooperative bank on the basis of the theory of "deep and pervasive control" of government. There is no general rule. Maintainability of writ petition will depend upon constitution of the bank/society.

You will need to engage a local counsel to conduct your case who will also search necessary laws after perusing your facts.

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Answered on 9/22/08, 8:29 am


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