IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8469 of 2008 Ram Ayodhya Mahto, Son of Mahadeo Mahto, resident of village-Haraiya, P.O.- Sihpur Haraiya, District- Motihari (East Champaran), Member of Railway Loading Unloading Transhipment Portors Shramik, Co-operative Society Limited, Raxaul. ……. Petitioner. VERSUS 1. The Union of India through the Secretary Indian Railway, New Delhi. 2. Divisional Railway Manager, Commerce, Samastipur Division, District- Samastipur. …… Respondents. ----------- For the Respondents : Mr. Devendra Kumar Sinha, Sr. Adv. Mr. Bhupendra Narayain Yadav. For the Petitioner : Mr. Chandra Mauli Prasad Singh. ------------ 05 27.03.2009 The petitioner professes to be a member of Railway Loading Unloading Transhipment Portors Shramik, Co-operative Society Limited, Raxaul. He has filed this writ petition making a claim for payment of his wages from the Railway. Railway have now ultimately filed a counter affidavit stating that the said society had the agreement with the Railway for doing the work for a short period and was cancelled on report that it had fictitious members. In the counter affidavit, they have stated that petitioner is not the member of the society. Be that as it may, the previty of contract is between the society and the Railway and between the petitioner and the society. There is no previty of contract between the petitioner and the Railway, as such. The claim of the petitioner thus cannot be entertained by the Railway. 2 Therefore, the writ petition praying for a direction to the Railway, in my view, is not maintainable and is dismissed accordingly. The society may if so advised bring action against the Railway. Trivedi/ (Navaniti Prasad Singh, J.)