Sri Amarnath Prasad vs The State Of West Bengal & Ors
2023 Latest Caselaw 6429 Cal

  399
22.09.2023
  A.G.M.


                         In The High Court At Calcutta
                        Constitutional Writ Jurisdiction
                                Appellate Side


                                 W.P.A 20080 of 2023

                                 Sri Amarnath Prasad
                                      -versus
                             The State of West Bengal & Ors.


                        Mr. Manas Kumar Ghosh
                        Ms. Susmita Dey (Basu).
                                  ...For the Petitioner.

                        Mr. Srijan Nayak,
                        Ms. Rituparna Moitra,
                        Mr. Ankit Sureka.
                                    ...For the Added Respondent.

Mr. Suddhasatta Banerjee, Mr. Anirudhya Dutta.

...For the Respondent No.4.

Mr. Pankaj Halder, Mr. Sanatan Panja.

...For the State.

Mr. B.P. Vaisya Mr. Nilay Baran Mondal ... for the respondent No. 3.

The petitioner was an employee of the Kishan Co- operative Milk Producers' Union Limited. He has certain issues with regard to his terminal benefits.

Learned advocate representing the Co-operative Society raises an issue with regard to the maintainability of the writ petition.

Reliance has been placed on a decision passed by a coordinate Bench of this Court on 25.01.2023 in WPA 603 of 2023 (Kishalay Hazra & Ors Vs The State of West Bengal & Ors) wherein the Court was pleased to

hold that the Cooperative Society is not a 'State' and was pleased to dismiss the writ petition.

The said order was passed relying upon an earlier order passed by this Court in WPA 17528 of 2022.

It has been submitted by the Cooperative Society that an appeal has been carried from the order dated 25.01.2023 and the appeal is pending.

Learned advocate for the petitioner relies upon a judgment passed by the Hon'ble Division Bench of this Court in the matter of The Kishan Co-operative Milk Producers' Union Ltd & Anr -vs- Sri Paramananda Patra reported in CAL LT 1999 (1) HC 102 wherein the Division Bench was of the opinion that a writ petition would be maintainable against the appellants.

The matter is required to be heard. List on 17th November, 2023.

( Amrita Sinha, J.)