KUNTI CO Vs. WEST BENGAL CO

JUDGEMENT

(1.) In this application under Art. 226 of the Constitution of India the petitioner Kunti Co-operative Cold Storage Society Ltd. has challenged the Order No. 18 dated 19th July 1978 passed by Sri P.K.A. Chowdhury. Member, West Bengal Co-operative Tribunal in Appeal No. 3 of 1978.

(2.) To appreciate the controversy involved in this application it is necessary to refer briefly to the relevant facts.

(3.) The respondent No. 5 Bon Behari Ghosh was appointed as the Cashier of the petitioner society by an order dated 28th Feb. 1968 with effect from 1st March, 1968. The service of the Respondent No. 5 was terminated by ane Byomkesh Majumdar, Chairman of the petitioner society. The notice of termination was received by the respondent No. 5 on 29th Dec., 1969. It appears that the termination of the respondent No. 5 was approved by the Chairman in a meeting of the Managing Committee of the Society on 18th Jan., 1970. The respondent No. 5 disputed his termination of service and in consequence thereof a dispute was referred under section 86 of the West Bengal Co-operative Societies Act to the Registrar of Co-operative Societies, Hooghly. On 6th May. 1970 the Assistant Registrar of Co-operative Societies, Hooghly informed the respondent No. 5 that as the action taken by the petitioner was a disciplinary action the prayer of the respondent No. 5 could not be entertained as a dispute under Sec. 86 of the Co-operative Societies Act (hereinafter referred to as "the said Act"). On or about 5th June 1970 the respondent No. 5 moved this Court under Art. 226 of the Constitution challenging the said order and obtained a Rule being C R. No. 3673 (W) of 1970. The said Rule was heard by Debi Prasad Pal, J. (as he then was) and by order dated 22nd Nov., 1973 the Assistant Registrar of the Co operative Societies, Hooghly (hereinafter referred to as the Assistant Registrar) was directed to decide on the facts and materials before him as to whether the termination of service of the petitioner of that application (respondent No. 5 herein) related to a dispute concerning disciplinary action and also on that basis to further decide whether he was competent to deal with the matter referred to him under section 86 of the said Act. On 7th June, 1974 an award was made by the Assistant Registrar declaring that the letter dated 26th Dec., 1969 terminating the service of the respondent No. 5 was void and inoperative in the eye of law. The petitioner society challenged the said award dated 7th June 1974 in a writ Application being C.R. No. 5543 (W) of 1974. The said Rule 5543(W) of 1974) was disposed of by T.K. Basu, J. on 19th Aug., 1977. By the said order His Lordship allowed the petitioner society to prefer an appeal from the said award dated 7th June 1974 within 45 days on the date of the said order i.e., 19th Aug., 1977. Thereafter, by another order His Lordship extended the said time by one more day. Pursuant to the said order, it appears, the petitioner preferred an appeal against the laid award dated 7th June, 1974 before the West Bengal Co-operative Tribunal hereinafter referred to as the Tribunal. The said appeal was numbered an Appeal No. 3 of 1978.