Calcutta High CourtWPA/22767/2024disposed

Arindam Sarkar And ORS. v. The State Of West Bengal And ORS.

2025-04-22Hon'Ble Justice Raja Basu Chowdhury2 pages

22.04.2025 sayandeep Sl. No. 1147 ML Ct. No. 05 WPA 22767 of 2024 Arindam Sarkar & ors.

Vs.

The State of West Bengal & ors.

Mr. Sourav Mallick .... for the petitioner Mr. Ankit Sureka Mr. Biplab Das Mr. Asis Dutta .....for the respondent Nos. 2 & 3 Ms. Farhin Mustaque ...... for the respondent No. 4

1. The petitioners are the employees of the CSTC Employee Co-operative Credit Society Limited. Since there had certain issues with regard to computation of leave, they had previously approached this Court by filing a writ petition which was registered as WPA 2612 of 2024. Such writ petition was disposed of by an order dated 26th April, 2024 by a Co-ordinate Bench of the Court granting leave to the petitioners to approach the concerned Assistant Registrar of Cooperative Societies, Government of West Bengal for appropriate relief. It would transpire that the petitioners have approached the Assistant Registrar whereupon by treating the same as a dispute case an award has been passed on 6th August, 2024.

2. Mr. Sureka, learned advocate appearing for the respondent Nos. 2 and 3 would submit that since an award has been passed by the Deputy Registrar of Co-Operative Societies, Kolkata by treating the representation as a dispute, the petitioners have a remedy in the form of an appeal before the Appellate Tribunal and as such this Court ought not to entertain the writ petition.

3. Having heard the learned advocates appearing for the respective parties and noting that the petitioners have alternative remedy before the Appellate forum, I am of the view that the petitioners should at the first instance approach the appellate forum.

4. In the event, the petitioners approach the appellate forum within a period of four weeks from the date, the appellate authority having regard to the facts noted herein, shall hear out the appeal and dispose of the same on merits in accordance with law.

5. With the above observations and directions, the writ petition is disposed of.

(Raja Basu Chowdhury, J.)