IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14692 of 2010 TRILOK NATH SINGH, SON OF SRI BHUNESHWAR SINGH, RESIDENT OF AYACHI GRAM, ROAD NO.1, NEAR BAIRIA BUS STAND, P.O. M.I.T., P.S. AHIYA PUR, DISTRICT MUZAFFARPUR. Versus 1. BIHAR STATE CO-OPERATIVE MARKETING UNION LTD, GANDHI MAIDAN, PATNA THROUGH THE CHAIRMAN. 2. THE CHAIRMAN, BIHAR STATE CO-OPERATIVE MARKETING UNION LTD, GANDHI MAIDAN, PATNA. 3. THE MANAGING DIRECTOR, BIHAR STATE CO-OPERATIVE MARKETING UNION LTD, GANDHI MAIDAN, PATNA. 4. THE FINANCE CONTROLLER, BIHAR STATE CO-OPERATIVE MARKETING UNION LTD, GANDHI MAIDAN, PATNA. 5. THE ACCOUNTS OFFICER, BIHAR STATE CO-OPERATIVE MARKETING UNION LTD, GANDHI MAIDAN, PATNA. ----------- 02. 06.09.2010 Heard learned counsel for the petitioner and the counsel for the Bihar State Cooperative Marketing Union Ltd.(hereinafter referred to as the(BISCOMAUN). 2. Petitioner is aggrieved by the order dated 30.11.2007, Annexure-9 passed by the Managing Director, BISCOMAUN, whereunder he has directed that dearness allowance, interim relief payable to the employees of the BISCOMAUN shall be paid with effect from the date the order has been passed. The order further recites that those employees of the BISCOMAUN who stood superannuated or dismissed from service of the BISCOMAUN prior to the issue of the order shall not be allowed any such benefit. 3. Counsel for the petitioner states that from the order itself it would appear that dearness allowance, interim relief has been directed to be paid to the employees of the BISCOMAUN in principle with effect from 1.7.1997 but petitioner cannot be allowed even such benefit as his services stood terminated with effect from 16.3.2007. - 2 - According to the petitioner for the period between 1.7.1997 till 16.3.2007 he is entitled for payment of dearness allowance, interim relief. 4. Counsel for the BISCOMAUN has submitted that the writ application is not maintainable as BISCOMAUN is not a state within the meaning of Article-12 of the Constitution of India. 5. In view of the submission of the counsel for the BISCOMAUN, I direct the petitioner to file representation assailing the contents of order dated 30.11.2007, Annexure-9 before the Registrar, Cooperative Societies, Bihar, Patna who should look into the grievance of the petitioner and pass reasoned order dealing with the same as early as possible, in any case within two months from the date of receipt of representation of the petitioner along with a copy of this order. 6. The writ application is, accordingly, disposed of. Rajesh/ (V.N. Sinha, J.)