Abhijit Gangopadhyay, J. - (1.) This writ application has been filed by the petitioner claiming relief for payment of his salary at a revised rate which according to him was denied illegally by his employer namely Bidhannagar (Salt Lake) wholesale consumers' Co-operative society limited. He has filed this writ application on or about August 19th, 2015 and before filing this writ application he, claiming the same relief, filed application before the Labour Commissioner, Government of West Bengal. However, the petitioner withdrew the application made by him before the Labour Commissioner which was allowed to be withdrawn and the file before the Labour Commission was closed by his order dated 23.08.2016.
(2.) The said order of withdrawal was filed before this Court on 5.9.2016 whereupon this Court directed the parties to exchange affidavits. In the meantime the parties have exchanged affidavits and the respondent Nos. 4 and 5 i.e. the abovenamed Cooperative Society and its Chief Executive Officer in their affidavit-in-opposition affirmed on August 24, 2016 specifically raised an objection as to maintainability of the writ application on the ground that the dispute is to be raised before the Registrar of Co-operative Societies under West Bengal Co-operative Societies Act, 2006. They have submitted at the time of hearing that as there is an alternative and efficacious remedy for settling the dispute, alternative remedy creates a bar in entertaining the writ application.
(3.) In respect of this contention as to jurisdiction of the writ court as aforesaid the respondents have relied upon a judgment namely Commissioner of Income Tax and other versus- Chhabil Das Agarwal, 2014 1 SCC 603 and have placed paragraphs 15 and 16 of the judgment. This judgment has enumerated some exceptions (which are illustrative and not-exhaustive) to the bar of existence of alternative remedy. These are: i) Where remedy available under Statute is not effective but only mere formality with no substantial relief, or ii) Where statutory authority not acted in accordance with provisions of enactment in question, or iii) Where statutory authority acted in defiance of fundamental principles of judicial procedure, or iv) Where statutory authority resorted to invoke provisions which are repealed, or v) Where statutory authority passed an order in total violation of principles of natural justice.;