ORDER 1. Special leave granted. 2. We have heard counsel for the parties. 3. When the matter came up before us on 31-1-2005, we had suggested to Mr L.N. Rao, learned Senior Counsel appearing for Respondent 2 Society to examine the provision of Rule 48(1) of the West Bengal Cooperative Societies Rules, 1987 which obliged the management to hold an inquiry before passing an order of termination. Learned counsel has considered the aforesaid provision of Rule 48(1) and fairly states before us that there was a statutory duty cast upon the respondent Society to hold an inquiry before passing the order of termination, which was not done in the instant case. 4. Learned counsel for the respondent Cooperative Society, however, submits that for about 20 years the appellant has not been in the employment of the Society. However, the Society will pay him 50% of the back wages and reinstate him in service. Thereafter it will be open to it to comply with the provisions of Rule 48(1) and pass appropriate order in the facts and circumstances of this case. 5. Counsel for the appellant did not object to the suggestion of the learned counsel. We consider this offer to be fair and accordingly, dispose of this appeal in the following terms: Respondent 2 Society shall reinstate the appellant in service against the post which he last held and to pay him 50% of the arrears of wages. Thereafter, the respondent Society may proceed under Section 48(1) of the Rules and take further action. In case an order of termination of service is passed after such inquiry, and the same is challenged before any court, authority or tribunal, it will be open to the appellant to pray before that court, authority or tribunal for payment of the balance 50% of the wages. The court, tribunal or the authority will consider and decide the matter in accordance with law. However, we express no opinion in the matter. 6. The appellant should be reinstated within a period of one month from today and the arrears of wages as directed be paid within two months. We may also clarify that we have not expressed any opinion on the question urged before the High Court that the respondent Society is not "State" within the meaning of Article 12 of the Constitution. 7. The appeal is disposed of in the above terms. 8. No costs.