High Court rules Kishan Co-op Milk Union is ‘authority’ under Article 12 of the Constitution
Kolkata: The Calcutta High Court has ruled that the Kishan Cooperative Milk Producers’ Union Ltd (KCMPUL) in Bengal is an ‘authority’ under the definition of ‘State’ in Article 12 of the Constitution and writ petitions filed against it for violation of constitutional rights is maintainable.
The bench of Justice Debangshu Basak and Justice Shabbar Rashidi was moved by the petitioners challenging a Single Bench order which had dismissed their writ petition, holding that the KCMPUL (hereafter referred to as Milk Union) is not an authority within the meaning of
Article 12. The petitioners had alleged violation of their constitutional rights (300A) by the Milk Union which stopped paying them salaries and other service benefits due to “shortage of funds” arising out of alleged “abysmal financial condition” of the Milk Union. The petitioners’ case was that a writ petition seeking relief is maintainable against the Milk Union which has deeper and pervasive control of the state government in terms of its operation and management. Hence, it is governed by the statute and any acts and/or omission committed by the Milk Union beyond the statute, a writ petition under Article 226 of the Constitution is maintainable in the eye of law. The court noted that in the case ‘Kishan Cooperative Milk Producers’ Union Ltd & Anr. vs Sri Paramananda Patra’, a coordinated bench of this High Court had ruled that a writ petition relating to reliefs concerning service of this Cooperative Society was maintainable.
Hence, ruling in favour of the petitioners, the division bench of Justice Basak observed that so far there has been no change in status taking this Milk Union out of the meaning of Article 12 of the Constitution. Article 12 of the Constitution defines the term ‘state’ as used in different articles under the Fundamental Rights (Part III). In context of Article 12, the word ‘Authorities’ means a body which has the power to make laws, orders, regulations, bylaws, notification etc. and have force of law and power to enforce those laws.
