PRATIBHA BANERJEE,J. - (1.) In this matter, Mr. R. K. Ghosal, counsel was appearing for the respondents. He appeared before this Tribunal for the last time on 17.11.88. The matter appeared in the list thereafter on 27.3.89, 24.4.89, 20.6.89 and on that date, the applicant was personally present and submitted that the case was ready for hearing. None of the counsel for the parties was present on 20.6.89. The matter again appeared on 6.9.89. Applicants' counsel Mr. T.K. Bhattacharya was present, but the respondents' counsel was absent. We adjourned the matter to 15.11.89 and directed Mr. Bhattacharya that he would inform the respondents' counsel accordingly. Since 15.11.89, this matter has been appearing as "passed over matter" ready for hearing. On 14.12.89, the matter appearing high up in the list was called on but the respondents' counsel was absent. Under the circumstances, we were constrained to take up the matter for hearing at the second call ex parte due to continuous non -appearance of the respondents' counsel as it was no longer possible to accommodate him any more.
(2.) The facts of the case are as follows: The two petitioners are Railway servants. The petitioner No. 1 is Office Superintendent, Gr. II in the office of the Senior Divisional Engineer, Adra and the petitioner No. 2 is the Senior Clerk in the office of the Senior Divisional Personnel Officer, Adra.
(3.) South Eastern Railway had a Cooperative Society at Adra under the name and style of South Eastern Railway Employees' Co -operative Stores Limited, duly registered under the provisions of West Bengal Cooperative Societies Act of 1940. Under the Bye -laws of the Society, it is to be managed by 12 elected Directors, who should be Railway servants and three nominated Directors, who would be from the category of officers of the Railway Administration. The office bearers of the Society are the : Chairman, Vice -Chairman, Secretary, Assistant Secretary and Treasurer, all of them were to be elected by the 12 elected Directors. In the last election held for the year 1969 -70 (from 1.7.69 to 30.6.70) the office bearers elected were. (1) R.R.V. Thampan, Chairman (2) K.G. Majumdar, Vice -Chairman (3) D.K. Sinha, Secretary (He was re -elected and was functioning as Secretary for the year 1968 -69) (4) S.K. Chatterjee, Asst. Secretary, being petitioner No. 1 (5) D.C. Chatterjee, Treasurer, being petitioner No. 2 The aforesaid office bearers took charge of the Society on and from 1.7.70.;