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october 2006

Supreme Court of India · 2006-10-31

M.D., BHADRA SHAHAKARI S.K. NIYAMITA vs PRESIDENT, CHITRADURGA MAZDOOR SANGH&ORS

Citation / case number
SC 2003/9428
Court
Supreme Court of India
Petitioner
M.D., BHADRA SHAHAKARI S.K. NIYAMITA
Respondent
PRESIDENT, CHITRADURGA MAZDOOR SANGH&ORS
Author
TARUN CHATTERJEE AR.LAKSHMANAN
Bench
TARUN CHATTERJEE DR.AR.LAKSHMANAN

Judgment text excerpt

The Supreme Court held that the Writ Petition filed by the Chitradurga District Mazdoor Sangh against the co-operative sugar factory was not maintainable as the factory does not fall within the definition of 'State' under Article 12 of the Constitution of India. The Court relied on precedents including General Manager, Kisan Sahkari Chini Mills Ltd. vs. Satrughan Nishad and others, and concluded that the management's financial inability to pay back wages was a significant factor. The appeal by the management was allowed, overturning the High Court's directive to implement the settlement and pay back wages.

M.D., BHADRA SHAHAKARI S.K. NIYAMITA vs PRESIDENT, CHITRADURGA MAZDOOR SANGH&ORS · Niyam