Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Constitution of India 1950 - Article 226 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Constitution of India, 1950 - Article 226 - Writ petition - Directions issued to State Government to release grants to Co-operative Society to enable it to pay salaries to employees of Society - Justification of - Held: Co-operative society even if 'State' under Article 12, was independent juristic entity and could not have been identified with or treated as State Government - State government released grant-in-aid to ~ Society continuously for some years to meet its development activities or salaries - It does not mean that State Government is to bear and pay salaries of employees for all times to come - Employees have no right to get their salaries from State Government - Appropriate remedy is under the iabour legislation or Co-operative Societies Act - Assam Cooperative Societies Act, 1949 - s. 43. Interim order - Precedential value of - Held: Precedent is a judicial decision containing a principle, which forms an authoritative element termed as ratio decidendi - Interim order which does not finally and conclusively decide an issue cannot be a precedent - Any reasons assigned in support of such non-final interim order containing prima facie findings, are only tentative and have no value as precedents - Precedent. The question which arose for consideration in this appeal was whether the High Court was justified in directing the State Government to sanction financial assistance by way of grant-in-aid to Cachar and Karimganj District Milk Producers' Co-operative Union Limited-Co operative society so as to enable it to pay the salary and other emoluments of its employees. |
Judge | Hon'ble Mr. Justice R.V. Raveendran |
Neutral Citation | 2009 INSC 357 |
Petitioner | State Of Assam |
Respondent | Barak Upatyaka D.u. Karmachari Sanstha |
SCR | [2009] 4 S.C.R. 467 |
Judgement Date | 2009-03-17 |
Case Number | 6492 |
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