No. 30 S.L No. 7 SM WPA 27381 of 2024 Nityananda Karmakar v. The State of West Bengal Mr. Ashit Kr. Chakraborty Mr. Sunanda Mohan & Ors.
Case at a glance
Outcome
Dismissed
discussions as above, the writ application is dismissed
Provisions considered
Judgment
entitlement, he has challenged the notification dated
30.07.2024 which limits the gratuity to the amount as permissible under Section 4 Clause 3 of the Payment of Gratuity Act, 1972. The claim of the petitioner is on relying upon Clause 5 Section 4 of the Act. Sub-rule 19 Clause 2 lays down employees of a Co-operative Society shall be eligible to payment of gratuity as per the provisions of the Payment of Gratuity Act, 1972 which in this case admittedly has been received by the petitioner herein. It is further submitted by the respondent that as per Section 102 of the West Bengal Co-operative Societies Act, 2006, any dispute concerning the management or business or affairs of a Co-operative Society other than a dispute relating to election in a Co-operative Society, the said dispute shall be filed before the Registrar of Co-operative Societies. In the present case admittedly the dispute raised in respect of the notification dated
Operative part
30.07.2024 issued by the Chief Executive Officer of Bankura District Central Co-operative Bank Limited and any challenge or dispute in respect of the said 3 notification thus lies before the Registrar under the West Bengal Co-operative Societies Act. Learned counsel for the respondents has relied upon the following judgments in support of their contention as to maintainability (i) (2006) 11 Supreme Court Cases 634 S.S. Rana Versus Registrar Coop. Societies & Anr. (ii) 2009 (1) CHN 573 Bhabani Adhikari Versus West Bengal State Co-operative Bank Limited & Ors. Considering the materials on record and the discussions as above, the writ application is dismissed being not maintainable. Pending applications, if any, stands disposed of. Interim order, if any, stands vacated. Urgent Photostat certified copy of this order, if applied for, be given to the parties, upon usual undertakings. [Shampa Dutt (Paul). J]
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: discussions as above, the writ application is dismissed
Which statutory provisions did this judgment involve?
Payment of Gratuity Act, 1972; West Bengal Co-operative Societies Act, 2006 — s. 102; West Bengal Co-operative Societies Act.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.