S.B.Sinha, J. - (1.)The learned Counsel for the petitioner is directed to make necessary correction at page 1 of the writ application.
(2.)This application is directed against an Award dated 7th June, 1995 passed in Appeal No. 3 of 1993, Mr. Dutta, learned Counsel appearing on behelf of the petitioner, inter alia, raised a short question in support of this application. The learned Counsel submits that in view of Section 135 of the West Bengal Co-operative Societies Act, a Tribunal cannot consist of only one member, Mr. Chatterjee, learned Counsel appearing on behalf of the respondents, on the other hand, has drawn may atten- tion to Rule 227 of the West Bengal Co-operative Societies Rules and submitted that upon a true construction of the said Rule, it may be held that one member Tribunal may also be constituted. Section 135 of the West Bengal Co-operative Societies Act reads thus :
"135 (a) The State Government may by notification constitute one or more co-operative Tribunals. A Tribunal shall consist of such number of persons (including a chairman) possessing such qualifications and shall have such jurisdiction as may be described."
Rule 227(1) of the West Bsngal Co-operative Societies Rules ready thus ;
"Rule 227 (1) A Co-operative Tribunal constituted under Section 136 hereinafter referred, to as Tribunal shall consist of not more than three members. When a Tribunal consists of more than one member, one member having the qualification prescribed in clause (a) of sub-sule (2) shall be the President. Where more than one Tribunal are constituted, the State Government shall by notification, decide the district or districts over which such Tribunal shall have jurisdiction. The Tribunals so constituted shall have jurisdiction over affairs of co-operative societies having registered offices situate within the territorial jurisdiction of such Tribunals."
A bare perusal of clause (a) of sub-section (1) of Section 135 of the said Act, shows that a Tribunal constituted by a notification of the State Government must consist of more than one person. The Legisla- ture has categorically stated that not only a Tribunal shall consist of the number of such persons, but the same shall include a Chairman which ex facie means that the same must consists of more than one member, Rule 227 of the said Rules, upon which reliance has been placed by Mr, Chatterjee, does not go against this constitution for more than one reasons. The said Rule postulates that the Tribunal rhall consist of not more than three members. It further postulates that if the Tribunal consists of more than one members, one member having the qualification prescribed in clause (a) of sub-rule (2) shall be the Presi- dent, the Legislature has amended Section 135 of the said Act by inserting the words,"including a chairman," after the words, "such number of persons" and before the words, "possession of such qualification............" by West Bengal Act, XXI of 1990, The Rules have been framed in the year 1987. Apart from the fact that the intention of the Legislature has got to be given effect to Rule 227 of the said Rule must be read in the context of Section 135 of the said Act, Section 135 of the said Act speaks of number of persons for the purpose of constitution of a Tribunal. Moreover, as the words, "including a chairman," were inserted by reason of the said West Bengal Act XXI of 1990, in my opinion, there cannot be any doubt whatsoever that a Tribunal must consist of more than one member. As the impugned Award has been passed by one member of the Tribunal, the impugned order must be held to be wholly illegal and without jurisdiction.
(3.)For the reasons aforementioned, this application is allowed. The impugned Award dated 7th June, 1995 lpassed in Appeal No, 3 of 1993 is set aside. The State Government is hereby directed to constitute a Tribunal of more than one member in terms of Section 135 of the West Bengal Co-operative Societies Act, whereupon the appeal preferred by the petitioner may be heard and disposed of, de novo and in accordance with law.
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