Sarmistha Chatterjee v. State Of West Bengal And ORS.

18.08.2023 sb Ct 550

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA 3947 of 2021 With IA No. CAN 1 of 2021 Sarmistha Chatterjee Vs.

State of West Bengal & Ors.

Mr. Rananeesh Guha Thakurta ... For the applicant/petitioner.

1.

The present writ application has been filed, inter alia, praying for a direction upon the learned Second Tribunal, West Bengal, to expeditiously dispose of Case No.VIII-05/2014.

2.

Mr. Guha Thakurta, learned advocate representing the applicant/petitioner submits that during the pendency of the writ petition, the learned Tribunal has been, inter alia, pleased to pass an award on 26th March, 2021, declaring the termination of the petitioner to be void ab initio and had also directed reinstatement of the petitioner in service with full back wages and other consequential reliefs.

3.

The petitioner contends that although, it was obligatory on the part of the learned Tribunal after passing the award in terms of Section 17AA(3) of the Industrial Disputes Act, 1947 (hereinafter referred to as the "said Act") to make over a copy of the award to the parties to the

dispute, free of cost, the same had not been done. He says unless a specific direction is issued by this Court it is unlikely, than not that the Tribunal would comply with its obligation as provided in Section 17AA(3) of the said Act. He, however, candidly submits that the petitioner has since been favoured with a copy of the aforesaid award by the learned advocate representing the State.

4.

Having regard to the submissions made by Mr.

Guha Thakurta, I am of the view that nothing survives in the present application as also in the writ application as object of filing the applications have already been accomplished.

5.

In view thereof, both the writ application as also the connected application are accordingly disposed of. 6.

There shall, however, be no order as to costs. 7.

Urgent photostat certified copy of this order, if applied for, be given to the parties upon compliance of necessary formalities.

(Raja Basu Chowdhury, J.)