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ARIJIT BANERJEE, PRASENJIT BISWAS
Sujit Biswas – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
Arijit Banerjee, J.
1. This appeal is directed against a judgment and order dated September 12, 2023, whereby a learned Judge of this Court dismissed the writ petition of the appellant herein being WPA 21336 of 2023.
2. The appellant/writ petitioner is a member of Saktinagar Samabaya Krishi Unnayan Samity Limited (in short ‘the Cooperative Society’). He approached the learned Single Judge with certain grievances regarding the management of the affairs of the cooperative society. In particular, his grievance was and is that the private respondent herein, Arup Sarkar, has been illegally working as Manager of the Cooperative Society and drawing huge salary every month. According to the appellant Arup attained the age of retirement in November 2022. Thereafter, the Cooperative Society could not have continued to employ him as Manager or in any other capacity. The appellant prayed for primarily the following orders before the learned Single Judge :-
(c)
Disciplinary disputes involving co-operative societies must be resolved through the Co-operative Arbitration Court, and recourse to writ jurisdiction is premature when alternative remedies exist.
Rest of nature of dispute to be referable to Register in the given context of this case, will govern the entire situation. The recovery proceedings initiated under Section 102 of the West Bengal Co-o....
The test laid down in Marappan's case continues to govern the maintainability of writ petitions against Co-operative Societies.
The main legal point established in the judgment is the jurisdiction of the Registrar and tribunal to adjudicate the dispute raised by the respondent 1 against the bank.
The main legal point established in the judgment is that the provisions of Section 77 of the Tamil Nadu Co-operative Societies Act, 1983 govern the removal and reinstatement of employees based on cri....
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