13.02.2025 Ct. No. 30 S.L No. 6 SM WPA 27379 of 2024 Jayanta Chakraborty Vs. The State of West Bengal & Ors. Mr. Ashit Kr. Chakraborty Mr. Sunanda Mohan Ghosh ……for the respondent no. 3 Mr. Pradeep Kumar Roy Mr. Ankit Sureka Mr. Partha Sarathi Pal …..for the respondent no. 2 The present writ application has been preferred praying for setting aside of the notification being memo no. 100/0596/2024-25/BDCCB Ltd. dated 30.07.2024. The said notification has been issued by the Chief Executive Officer, Bankura Central Co- operative Society Limited wherein a decision was taken by the administrative sub-committee of the bank as per their meeting on 20.06.2024. In the present case the respondents have raised the issue of maintainability. It is submitted that there has been no industrial dispute raised in the present case and as such the writ application is not maintainable. It appears from the materials on record that an amount of Rs. 20 lakhs as permissible under the Gratuity Act has been paid to the petitioner, but the petitioner 2 relying upon a memorandum of settlement dated 28.07.2016 has claimed his balance gratuity amount as per Section 4 (5) of the Act. At this stage claiming the excessive amount to which he claims his entitlement, he has challenged the notification dated 30.07.2024 which limits the gratuity to the amount as permissible under Section 4 Clause 3 of the Payment of Gratuity Act, 1972. The claim of the petitioner is on relying upon Clause 5 Section 4 of the Act. Sub-rule 19 Clause 2 lays down that employees of a Co-operative Society shall be eligible to payment of gratuity as per the provisions of the Payment of Gratuity Act, 1972 which in this case admittedly has been received by the petitioner herein. It is further submitted by the respondent that as per Section 102 of the West Bengal Co-operative Societies Act, 2006, any dispute concerning the management or business or affairs of a Co-operative Society other than a dispute relating to election in a Co-operative Society, the said dispute shall be filed before the Registrar of Co-operative Societies. In the present case admittedly the dispute raised is in respect of the notification dated 30.07.2024 issued by the Chief Executive Officer of Bankura District Central Co-operative Bank Limited and any challenge or dispute in respect of the said 3 notification thus lies before the Registrar under the West Bengal Co-operative Societies Act. Learned counsel for the respondents has relied upon the following judgments in support of their contention as to maintainability (i) (2006) 11 Supreme Court Cases 634 S.S. Rana Versus Registrar Coop. Societies & Anr. (ii) 2009 (1) CHN 573 Bhabani Adhikari Versus West Bengal State Co-operative Bank Limited & Ors. Considering the materials on record and the discussions as above, the writ application is dismissed being not maintainable. Pending applications, if any, stands disposed of. Interim order, if any, stands vacated. Urgent Photostat certified copy of this order, if applied for, be given to the parties, upon usual undertakings. [Shampa Dutt (Paul). J]