IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7874 of 2001 1. KRISHNA NAND PRASAD SON OF LATE KAMLA NAND PRASAD RESIDENT OF VILLAGE GHOGHI, BARIYARPUR, P.O. LOS GHANI, P.S. SURYAGARHA DISTRICT MUNGER AT PRESENT POSTED AS CLERK CUM TYPIST, EUROPEAN ECONOMIC COMMITTEE PROJECT CELL, SHASHTRI NAGAR, PATNA, DEPARTMENT OF COOPERATIVE, GOVT. OF BIHAR, PATNA. 2. ANAND BIHARI KUMAR SINHA SON OF SRI ASHWANI KUMAR SINGH RESIDENT OF MOHALLA DARIYAPUR GOLA, P.O. & P.S. GANDHI MAIDAN, DISTRICT PATNA AT PRESENT POSTED AS CLERK CUM TYPIST, EUROPEAN ECONOMIC PROJECT COMMITTEE CELL, SHASHTRI NAGAR, COOPERATIVE DEPARTMENT, GOVT. OF BIHAR, PATNA. 3. SATYA NARAYAN PRASAD YADAV SON OF LATE BANSI PRASAD YADAV RESIDENT OF VILLAGE MEGHAUNA, P.S. ALAULI, DISTRICT KHAGARIA AT PRESENT POSTED AS NIGHT GUARD, EUROPEAN ECONOMIC COMMITTEE PROJECT CELL, SHASHTRI NAGAR, PATNA, DEPARTMENT OF COOPERATIVE, GOVT. OF BIHAR, PATNA. 4. DAMODAR SINGH SON OF LATE RAMA KANT SINGH RESIDENT OF VILLAGE NAWADA BEN, P.O. BARUN, P.S. UDWANT NAGAR, DISTRICT ROHTAT PRESENT POSTED AS CLERK CUM TYPIST, EUROPEAN ECONOMIC COMMITTEE PROJECT CELL, SHASHTRI NAGAR, PATNA COOPERATIVE DEPARTMENT, GOVT. OF BIHAR, PATNA. 5. NIZAMUDDIN ANSARI SON OF SRI ALIMUDDIN ANSARI RESIDENT OF VILLAGE CHARAN, VAYA BARUN, P.S. NABI NAGAR, DISTRICT AURANGABAD AT PRESENT POSTED AS PEON, EUROPEAN ECONOMIC COMMITTEE PROJECT CELL, SHASHTRI NAGAR, PATNA, COOPERATIVE DEPARTMENT, GOVT. OF BIHAR, PATNA. Versus 1. THE STATE OF BIHAR 2. THE SECRETARY AND COMMISSIONER, COOPERATIVE DEPARTMENT, GOVT. OF BIHAR, BIKASH BHAWAN, PATNA. - 2 - 3. THE REGISTRAR, COOPERATIVE SOCIETIES, BIHAR, PATNA. 4. THE CHIEF PROJECT MANAGER, EUROPEAN ECONOMIC COMMITTEE PROJECT CELL, COOPERATIVE DEPARTMENT, SHASHTRI NAGAR, PATNA. 5. THE BIHAR STATE LABOUR COOPERATIVE FEDERATION LTD. PATNA THROUGH ITS LIQUIDATOR, DISTRICT COOPERATIVE OFFICE, PATNA. 6. THE DISTRICT COOPERATIVE OFFICER, BIHAR STATE LABOUR COOPERATIVE FEDERATION LTD. PATNA. ----------- For the Petitioners :- M/S. Yogendra Mishra & Fulena Yadav For the State :- Mr. Ritesh Kumar, A.C. to A.A.G I. -------- 7 16/09/2010 Heard learned counsel for the petitioners and learned counsel for the State. This Court fails to understand as to what kind of right these petitioners have to seek direction upon the Registrar, Cooperative Societies to accommodate them, utilize them or deploy them in any organization merely because the so called Cooperative Society which was supposed to be an apex body has now gone under liquidation. Submission of the learned counsel for these petitioners is that since the Society has gone into liquidation, the Registrar, Cooperative Societies has taken over the assets and liabilities thereof and they are part of that asset and liability and it is the responsibility - 3 - of the Registrar to manage them as well along with the other assets and liability till the winding up proceeding is completed. The other submission is that there has been a kind of pick and choose because employees of similarly defunct organization have been utilized by deploying them in one project or the other but these petitioners have been left to roam the street without any source of livelihood. The question which arises for consideration is whether the petitioners have any constitutional right or statutory right to demand a direction upon the Registrar, Cooperative Societies to take their services when admittedly they were employed in service by an independent cooperative society duly registered under the Cooperative Societies Act having its own by-laws and management. Registrar has no legal obligation to take care of the employees of an organization which for its own reason has now gone into liquidation. If the Institution sinks, so will the employees. State despite being a welfare State cannot be compelled to rush to the rescue of such employees merely because it is a humane problem or the livelihood is at stake after many many - 4 - years of work under the Society. In view of failure of the petitioners to establish any constitutional or legal right in their favour for seeking a direction upon the Registrar, Cooperative Societies, this Court is not inclined to pass any order. The fate of the petitioners would be dependent upon the outcome of the winding up proceeding which is going on. No direction can be given in this regard. But if the Registrar, Cooperative Societies would like to utilize the petitioners looking to their experience and talent, the Court will not come in the way. This writ application is dismissed. AMIN/ (Ajay Kumar Tripathi, J.)