KONNAGAR SAMABAYA BANK LTD Vs. NILMANI BANERJEE

JUDGEMENT

(1.) The learned Counsel for the petitioner is directed to make necessary correction at page 1 of the writ application.

(2.) This application is directed against an Award dated 7th June, 1995 passed in Appeal No. 3 of 1993, Mr. Dutta, learned Counsel appearing on behelf of the petitioner, inter alia, raised a short question in support of this application. The learned Counsel submits that in view of Section 135 of the West Bengal Co-operative Societies Act, a Tribunal cannot consist of only one member, Mr. Chatterjee, learned Counsel appearing on behalf of the respondents, on the other hand, has drawn may atten- tion to Rule 227 of the West Bengal Co-operative Societies Rules and submitted that upon a true construction of the said Rule, it may be held that one member Tribunal may also be constituted. Section 135 of the West Bengal Co-operative Societies Act reads thus :

(3.) For the reasons aforementioned, this application is allowed. The impugned Award dated 7th June, 1995 lpassed in Appeal No, 3 of 1993 is set aside. The State Government is hereby directed to constitute a Tribunal of more than one member in terms of Section 135 of the West Bengal Co-operative Societies Act, whereupon the appeal preferred by the petitioner may be heard and disposed of, de novo and in accordance with law.