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2022 Supreme(Cal) 220

SABYASACHI BHATTACHARYYA
Calcutta Tramways Employees' Co-operative Credit Society Limited – Appellant
Versus
State of West Bengal – Respondent


Advocate Appeared:
For the Appellant : Saptanshu Basu, Shibnath Bhattacharya, Abhishek Bhattacharjee.
For the Respondents:Soumya Majumdar, Deblina Chattaraj, Advocates.

JUDGMENT :

1. The petitioner is a registered credit co-operative society of the employees of the erstwhile Calcutta Tramways, now under the West Bengal Transport Corporation Limited. The grievance raised in the writ petition was originally that the due deductions payable to the petitioner-society by the employer company under Section 59 of the West Bengal Co-Operative Societies Act, 2006 (hereinafter referred to as "the 2006 Act") was withheld by the employer, as represented through the respondent nos. 2 and 3.

2. Subsequently, some payments were made by the said respondents pursuant to different orders passed by co-ordinate Benches of this court and the principal dues have admittedly been cleared. However, according to the petitioner, a major part of the interest due under Section 59(3) of the 2006 Act has not yet been paid. Respondent nos. 2 and 3, however, assert that there are no further dues on account of interest as well.

3. Section 59 of the 2006 Act is set out below for convenience:

    "59. Deduction of dues to Co-operative, societies from members and sureties.- (1) A member of a Co-operative society may execute an agreement in favour of the Co-operative society providing that his

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