The resolution limiting leave encashment to 180 days prevails over the rule allowing 300 days for superannuated employees of a cooperative credit structure entity.

JUDGMENT :

Debangsu Basak, J.

1. Appeal is at the behest of a Cooperative Society and directed against the judgment and order dated May 15, 2024, passed in WPA 13722 of 2021.

2. By the impugned judgment and order, learned Single Judge held that, superannuated employees of the appellants is entitled to leave encashment of 300 days in view of the prescriptions made with regard thereto, under the West Bengal Cooperative Societies Rules, 2011.

3. Learned Senior Advocate appearing for the appellants submits that, seven persons approached the Writ Court for grant of leave encashment as part and parcel of their recruitment benefits. He submits that, all seven writ petitioners superannuated subsequent to February 1, 2013.

4. Learned Senior Advocate appearing for the appellants draws the attention of the Court to the provisions of Section 134A, 134B and 134C of Chapter XIIIA of the West Bengal Cooperative Societies Act, 2006. He submits that, the appellant No.1 before us is a Cooperative Credit Structure Entity within the meaning of Section 134B of the Act of 2006. He submits that, consequently, as a cooperative credit structure entity, in terms of Section 134C(2)(d), his clients are entitled to formulate policy regarding the personnel including compensation to be paid to the staff of the appellant No.1.

5. Learned Senior Advocate appearing for the appellants submits that, in view of Section 134A of the Act of 2006, the provisions relating to Chapter XIIIA of the Act of 2006 will prevail. Consequently, it cannot be disputed that the appellants as cooperative credit structure entity will be entitled to formulate policy regarding personnel and compensation receivable by such employees.

6. Learned Senior Advocate appearing for the appellants submits that, the appellants formulated the compensation with regard to leave encashment by a resolution dated June 11, 2001. He draws the attention of the Court to such resolution. He submits that, such resolution prescribes leave encashment not exceeding 180 days on superannuation.

7. Learned Senior Advocate appearing for the appellants submits that, the resolution dated June 11, 2001 was taken when the West Bengal Cooperative Societies Act, 1983 and the Rules framed thereunder being West Bengal Co-operative Societies Rules, 1987 were under operation. He draws the attention of the Court to Rule 19 of the Rules of 1987 and submits that, such Rule does not provide for any compensation with regard to leave encashment. Nonetheless, the appellants took a resolution dated June 11, 2001 allowing leave encashment for 180 days. All employees of the appellants are governed by the resolution dated June 11, 2001 relating to leave encashment.

8. Learned Senior Advocate appearing for the appellants draws the attention of the Court to the West Bengal Cooperative Societies Rules, 2011 and submits that, Rule 106 thereof provides for the method of recruitment and condition of service of the officers and employees of Cooperative Societies other than cooperative credit structure entities. Therefore, according to him, since appellants are placed outside the purview of Rule 106 of the Rules of 2011, the prescriptions of such Rule do not apply for a co-operative credit structure entity of the appellant No.1.

9. He submits that, amendment to Rule 106 was introduced with effect from February 1, 2013. Such amendment excluded cooperative credit structure entity from the operation of Rule 106 of the Rules of 2011. Appellant No.1 being a cooperative credit structure entity, it stood excluded from the purview of Rule 106 of the Rules of 2011 by virtue of amendment thereto on February 1, 2013.

10. Learned Senior Advocate appearing the appellants submits that, each of the writ petitioners superannuated subsequent to February 1, 2013. Therefore, in view of the fact that, the appellant No.1 as a cooperative credit structure entity, being entitled to prescribe a compensation for leave encashment did so by resolution dated June 11, 2001, which r