- (1.) The intra-Court appeal has been preferred by the Cooperative Society questioning the legality of the order dated 10th March, 2011 passed in W. P. 18109 (W) of 2005. The petitioner had questioned the decision of the respondent No. 2 to compel him to retire from service on attaining the age of 58 years whereas he claimed that the age of retirement on superannuation in terms of the rules prevailing at that point of time was 60 years. Rule 19(1) of the West Bengal Co-operative Societies Rules, 1987, prescribes the age of retirement of co-operative employees to be 60 years.
(2.) The Single Bench had allowed the writ application and directed that all legal dues including the terminal benefits of the petitioner, till he attended the age of 60 years, together with compound interest at the prevailing highest rate payable on fixed deposit by a nationalized bank, be paid to the petitioner within a period of two months. Aggrieved thereby, the intra Court appeal has been preferred by the Society.
(3.) Shri Chakraborty, learned Senior Advocate appearing with Mr. Sumanta Chakraborty has submitted that it is an unaided society and no grant is received from the State Government. As such, the writ petition could not be said to be maintainable before the Single Bench.;