SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2023 Supreme(Cal) 936

LAPITA BANERJI
Mahadeb Pandit – Appellant
Versus
State of West Bengal – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. N.C. Bihani, Adv., Ms. Sahina Sumi, Adv., Mr. Soumya Mukherjee, Adv.
For the Respondent: Mr. Srijan Nayak, Adv., Ms. Rituparna Maitra, Mr. Pradip Kumar Roy, Adv., Mr. Joydip Roy, Mr. Arnab Ray, Adv.

JUDGMENT :

Lapita Banerji, J.

The petitioners have challenged a notice dated September 7, 2022, whereby the cut off date for assessing the eligibility of the incumbents for promotion was held to be September 30, 2021. The petitioners are working in Grade-2, Scale-I posts of the Bankura District Central Cooperative Bank Ltd.

2. Mr. Ray, learned Counsel appearing on behalf of the respondent bank challenges the maintainability of the writ petition on the ground that due to the availability of an alternative remedy under Section 102(1)(c) of the West Bengal Cooperative Societies Act, 2006, the present writ petition is not maintainable. It was submitted that the issue of granting promotion by a cooperative society to its employee comes within the scope of the word ‘affairs’ even if, not within the scope of the words “management” or “business” in terms of Section 102(1) of 2006 Act.

3. He referred to a decision dated December 7, 2020 passed by an Hon’ble Coordinate Bench of this High Court in WPA 9964 of 2020 (Malda District Central Cooperative Bank Employees Union vs. State of West Bengal and Ors.).

4. The dispute in that case related to alteration of ‘nomenclature’ of the posts without cons

              Click Here to Read the rest of this document
              1
              2
              3
              4
              5
              6
              7
              8
              9
              10
              11
              SupremeToday Portrait Ad
              supreme today icon
              logo-black

              An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

              Please visit our Training & Support
              Center or Contact Us for assistance

              qr

              Scan Me!

              India’s Legal research and Law Firm App, Download now!

              For Daily Legal Updates, Join us on :

              whatsapp-icon telegram-icon
              whatsapp-icon Back to top