AMITAVA LALA J. - (1.) This writ petition is made basically challenging the order of transfer issued, vide memo dated January 16/17, 2002, being annexure P-11 to the writ petition and also from altering the service conditions of the workmen/members of the petitioner, i.e., union, during the pendency of the conciliation proceeding before respondent No. 3. A further order is sought for declaring the impugned promotions as transfers made during the pendency of the conciliation proceedings are void ab initio.
(2.) This writ petition has been filed on April 10, 2002, after a period of about three months from such order. It further appears to this Court from a communication dated February 19, 2002, under annexure P-13 to the writ petition that the Deputy Labour Commissioner, Howrah, has written to the concerned co-operative bank requesting them not to take any action that might stand in the way of maintaining a cordial atmosphere which is needed in resolving the dispute amicably. Thereafter, he called upon them in the office for a separate discussion on March 4, 2002. Even from March 4, 2002, till the date of filing of the writ petition on April 10, 2002, no explanation is given.
(3.) This writ petition has been invoked since the empolyee is a co-operative bank and, according to the petitioner, the matter has to be heard by the writ Cout having a jurisdiction of co-operative matters. According to me, the restriction under Section 95 of the West Bengal Co-operative Societies Act, 1983, says that any dispute can be referred to the Registrar excepting the dispute relating to disciplinary action taken by the co-operative societies against the paid employees of the co-operative societies or the terms and conditions of service of the paid employees of the co-operative societies. Therefore, from a plain reading Section 95 it appears that the Registrar of Cooperative Societies is capable of hearing either by himself or by his subordinates any dispute in the nature of civil litigation prescribed therein. But he or his subordinates are debarred from taking any matter relating to disciplinary action or terms and conditions of the service. Therefore, when a conciliation proceeding is already pending before the Deputy Labour Commissioner, I do not find any reason to interfere with the same.;