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2016 Supreme(Cal) 565
IN THE HIGH COURT AT CALCUTTA
Harish Tandon, J.
Majdia Taldaha Union Co-operative Large Sized Primary Agricultural Credit Society Ltd. & Anr. - Petitioner
Vs.
The State of West Bengal & Ors. - Respondent
W.P. 28100 (W) of 2015
Decided On : 24-11-16
For the Petitioner: Mr. Milan Ch. Bhattacharjee, Mr. Mukteswar Maity.
For the High Court : Mr. Jaydeep Kar
For the Respondent: Mr. Khirshnendu Banerjee, Mr. Vineet Kothari, Mr. P.K. Pakrashi, Mr. Debasis Sur, Mr. Sadhan Roy Chowdhury, Mr. Tushar Sinha Mahapatra
The Chairman of the Co-operative Tribunal need not hold the post of a Judicial Secretary or Legal Remembrancer, but should not hold a post below the rank of Judicial Secretary or Legal Remembrancer.
Headnote:
CO-OPERATIVE TRIBUNAL - JURISDICTION - APPOINTMENT OF CHAIRMAN - VALIDITY - APPEAL - FILING WITHOUT CERTIFIED COPY - CONDONATION OF DELAY - DISPUTE RAISED BY UNREGISTERED UNION - VALIDITY.
Fact of the Case:
A Writ Petition was filed challenging the orders passed by the West Bengal Co-operative Tribunal, which registered an appeal upon condonation of delay and gave directions in furtherance thereof. The petitioner contended that the Tribunal lacked jurisdiction, the appeal was incompetent, and the dispute was raised by an unregistered union.
Finding of the Court:
The Court held that the appointment of a District Judge as Chairman of the Co-operative Tribunal was neither illegal nor bad, and that the Tribunal had jurisdiction to condone the delay in filing an appeal. The Court also held that the award was not invalidated by the fact that it was passed against a union that was not registered under the West Bengal Co-operative Societies Act.
Issues: 1. Whether the Chairman of the Co-operative Tribunal was validly appointed. 2. Whether the appeal was incompetent for being filed without a certified copy. 3. Whether the dispute was raised by an unregistered union and hence invalid.
Ratio Decidendi: 1. The expression "not below the rank of" in Section 146(2) of the West Bengal Co-operative Societies Act, 2006, means that the Chairman should not hold a post below the rank of Judicial Secretary or Legal Remembrancer. 2. The Tribunal has the power to condone the delay in filing an appeal under Order 41 Rule 3A of the Code of Civil Procedure, which is applicable to the Tribunal by reference under Section 146(4)(a) of the Act. 3. A mere misdescription of the co-operative society in the award does not invalidate the proceeding, as it is curable and was subsequently cured.
Final Decision: The Writ Petition was dismissed.
HARISH TANDON, J.
1. The instant Writ Petition is filed by Majdia Talaha Union Co-operative Large Sized Primary Agricultural Credit Society Ltd. challenging the orders dated 30th November, 2011, 4th September, 2015 and 3rd November, 2015 passed in Appeal No. 37 of 2011 by the West Bengal Co-operative Tribunal whereby and whereunder the appeal was registered upon condonation of delay and directions were passed in furtherance thereof. Basically, the petitioner intended to impugn the entire proceeding, which is entertained by the Co-operative Tribunal not only on the ground that it lacks jurisdiction but also on the ground of validity and legality of the appointment of Chairman of the said Tribunal.
2. The specific points urged at the Bar would be succinctly indicated later. The undisputed facts relevant to address the issues raised in this Writ Petition are required to be adumbrated. The dispute Case No. 44 of 2009-2010 was filed before an authority under Section 95 of the West Bengal Co-operative Societies Act challenging the notice issued by Asit Kumar Sarkar, the respondent no. 4 herein, as secretary of the society to hold a meeting, to be declared as illegal and not binding on the society. The first petitioners of the dispute case was shown as Taldah Majdia Union Cooperative Large Sized Primary Agricultural Credit Society Ltd. and second petitioner was one Bhaskar Dutta, who is the petitioner no. 2 herein. An award was published on 12th October, 2010. A Writ Petition was filed by the present petitioners assailing the award dated 8th December, 2010 on various grounds including that the award is bad and illegal having passed in favour of Taldaha Majdia Union Co-operative Large Sized Primary Agricultural Credit Society Ltd. when the Co-operative Society is registered as the petitioner no. 1 herein.
3. While entertaining the Writ Petition the Court found that such discrepancy is vital and may invite the consequence of setting aside thereof. On such prima facie finding the parties were directed to exchange their affidavits and the operation of the award dated 8th December 2010 was stayed for a limited period. The said order was assailed before the Division Bench of this Court in MAT 833 of 2011 wherein it is indicated that the Hon’ble Judge has proceeded on the wrong premise that the award was made and published on 8th December, 2010 when the fact remains that it was passed on 12th October, 2010 and set aside the said order.
4. Subsequently, the said Writ Petition appeared on 2nd November, 2011 and was disposed of granting liberty to the Writ Petitioners to approach the Tribunal for redressal of their grievance. It appears from the record that challenging the award the respondent no. 4 filed an appeal before the West Bengal Co-operative Tribunal being Appeal No. 37 of 2011 on 11th November, 2010 without accompanying the original certified copy. In the order dated 30th November, 2011 the Tribunal directed the registration of the appeal upon condonation of delay. It is specifically observed that the award was passed on 12th October, 2010 and was communicated to the appellant therein on 25th October, 2010. The certified copy was applied on 12th November, 2010 and was made ready for delivery on 25th February, 2011 and was filed on 1st March, 2011.
5. The challenges in this Writ Petition are basically found on three fold submissions—
Firstly, the Chairman of the Co-operative Tribunal never held the post of Judicial Secretary or Legal Remembrancer in terms of Section 146(2)(a) of the West Bengal Co-operative Societies Act, 2006;
Secondly, the appeal is incompetent having filed without the certified copy of the impugned award;
Thirdly, the dispute was raised by a union, which is not registered under the West Bengal Co-operative Societies Act and therefore it cannot bind the present petitioners.
6. Mr. Bhattacharjee, learned Senior Advocate appearing for the petitioner submitted that the Tribunal lacks jurisdiction as the Chairman appoi
