S.B.Sinha, J. - (1.) The four appeals involving similar questions were taken up for hearing and are being disposed of together. The fact of the matter however shall be noticed from M.A.T. No. 1414 of 1998.
(2.) The petitioner-First Respondent in each case were employees of the appellant which is a Co-operative Society registered under Co-operative Societies Act. Their services were terminated by an order dated 20.4.98. Allegedly the said order was passed on the ground of various misconduct committed by the writ petitioners including refusal to join at the transferred posts. The said order of termination dated 21.11.97 reads thus :- "Whereas Shri Paramananda Patra, Sales Asstt. of the Kishan Co-operative Milk Producers' Union Ltd., Nadia was transferred by the Managing Director of the Union vide his office Memo No. 537(8) dated 24.04.1997. Whereas The Managing Director of the above named Union has issued reminders to proceed to new post after handling over his charge. Whereas Shri Paramananda Patra did not comply with the orders. Whereas on receipt of the report from the Managing Director the undersigned, Shri R. K. Vats, District Magistrate, Nadia and Special Officer of the Kishan Co-operative Milk Producers Union Ltd. has issued show cause notice vide his No. 2238(5)-DM dated 5.11.97 with two weeks time to represent his case as an opportunity to him and whereas the undersigned is not satisfied and is not convinced with the reply submitted by Sri Paramananda Patra of the Kishan Co-operative Milk Producers' Union Ltd., Nadia. Now, the undersigned, Shri R.K. Vats, District Magistrate, Nadia and Special Officer, the Kishan Co-operative Milk Producers' Union Ltd., as disciplinary authority, is satisfied that Shri Paramananda Patra of the Kishan Co-operative Milk Producers' Union Ltd. has committed (1) wilful insubordination (2) disobedience of lawful and reasonable order of his superior authority and the undersigned is also satisfied that the reasonable opportunity of making representation on the removal notice was given to Shri Paramananda Patra of the Kishan Co-operative Milk Producers' Union Ltd. Therefore, the undersigned, Shir R.K. Vats, District Magistrate, Nadia and Special Officer, The Kishan Co-operative Milk Producers' Union Ltd., under Rule 48(f) of the West Bengal Co-operative Societies Act, 1987 remove Shri Paramananda Patra of the Kishan Co-operative Milk Producers' Union Ltd., Nadia from the service of the Kishan Co-operative Milk Producers' Union Ltd. with effect from 24th November, 1997 (forenon)."
(3.) The learned trial Judge on the prayer of the petitioners granted mandatory injunction directing the appellants to reinstate them only on the ground that the said orders of termination have been passed without complying with the provisions of Rule 48(f) of the West Bengal Co-operative Societies Rule, 1987 (hereinafter called and referred to as the said Rule).;