SUBHASIS DASGUPTA, J. - (1.) The impugned order dated 24th March, 2021 passed by the learned Arbitrator, Hooghly Range, Officer at Hooghly in connection with a dispute Case No.01 of 2020/2021, under Section 102(1) of the West Bengal Cooperative Societies Act, 2006, holding the dispute case to be maintainable after rejecting the prayer challenging the maintainability of proceeding, is subject matter of challenge in this revisional application.
(2.) Adverting to a copy of petition seeking for quashment and/or annulment of the dispute case instituted against the petitioner, in dispute case No. 01 of 2020/2021, being page 108 of the instant revisional application, Mr. Prosenjit Mukherjee, learned advocate representing the petitioner submitted that initiation of a recovery case by opposite parties upon resorting to Section 102(1) of the West Bengal Co-operative Societies Act, 2006 was bad in law having no sanction of law, on the ground that disciplinary action taken by the management of the Co-operative Societies/opposite parties involved in this case, against a paid employee, though subsequently dismissed from service, could never be regarded as concerning the management, or business, or affairs of a co-operative socieity.
(3.) Mr. Mukherjee, submitted that an erroneous decision had been reached mechanically by the order impugned, holding that the dispute had been arisen between the plaintiff/society and the petitioner, as a member of the society, and thus the provision of Section 102 (1)(a) of the West Bengal Co-operative Society Act 2006 had been illegally invoked. Mr. Mukherjee further contended that petitioner having been removed from the service, as per decision of the disciplinary proceedings initiated against the petitioner, the instant recovery case ought not to have been instituted before the Registrar, as it was not permissible to be instituted against the petitioner, who had already been held convicted in a disciplinary proceedings, and already terminated from service.;