D.K.SETH
JAGADISH CHOWDHURY – Appellant
Versus
STATE OF WEST BENGAL – Respondent
( 1 ) A notice for expulsion of the petitioner was issued by the Co-operative Society, to which he had submitted a reply. The reply having been unsatisfactory, an enquiry was initiated in which the petitioner was expelled from the membership. Admittedly the petitioner was a worker-member. By reason of such expulsion from membership he was also deemed to have been removed from service and that was the intended purpose of the expulsion, as is contended on behalf of the respondentco-operative Society. The petitioner raised a dispute under Section 95 before the Arbitrator who had passed an award directing the petitioner to appeal against the expulsion order to the general body. An appeal has since been filed by the petitioner before the Tribunal challenging the award. In the absence of one of the members of the Tribunal, the Tribunal is not functioning. At this stage the petitioner approaches this Court for appropriate orders with regard to the question of removal from service.
( 2 ) MR. Milan Bhattacharjee, learned Counsel appearing on behalf of the petitioner contends that the expulsion of the membership cannot be equated with removal from service. The petitioner bein
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