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Mr. Bhaskar Prasad Vaisya,
Mr. Nilay Baran Mandal
..for the respondent nos.5 & 6 in
FMA 718 of 2019 and
FMA 719 of 2019.
1. This Intra Court appeal impugns the order
dated 16.11.2018 passed by learned Single Judge
in WP 14724(W) of 2006 and WP 14725(W) of
2006 whereby the writ petitions of the
appellant/employee were dismissed.
2. When this writ appeal was taken up for
hearing, learned Counsel for the
respondents/Federation raised a preliminary
objection regarding maintainability of writ
petitions by contending that the employee has
erroneously invoked the jurisdiction of this Court
under Article 226 of the Constitution of India.
The employer is a co-operative society and is not
amenable to the writ jurisdiction of this Court. It
is strenuously contended that although no
affidavit-in-opposition was filed before learned
Single Bench and before this Court, the objection
of maintainability being a pure question of law
can be raised through oral arguments. Thus,
with the consent of parties, these batches of
matters were heard only on the question of
maintainability.
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