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Calcutta High CourtRVW/56/2024disposed

Rejaul Haque v. Midnapur District Service Marketing And Industrial Cooperative Union Ltd. ANR ORS

2024-08-02Hon'Ble Justice Raja Basu Chowdhury2 pages

M/L Item No. 509 02.08.2024 KOLE RVW 56 of 2024 With IA No. CAN 1 of 2024 In WPA 30325 of 2015 Rejaul Haque -Vs.- Midnapur District Service cum Marketing & Industrial Cooperative Union Ltd. Ors.

Mr. Indranil Nandi, Mr. Deba Prasad Samanta, Mr. Sayak Konar, ... for the applicant.

Mr. Dhiman Kumar Sengupta, Ms. Sweta Saha, Ms. F. Mustaque, ... for the opposite party.

Mr. Jayanta Samanta, Mr. Supriyo Majumder, ... for the State.

1.

The review applicant has filed this review from the order dated 9th January, 2024. Mr. Nandi, learned Advocate appearing for the review applicant after arguing for some time, submits that since, this Court has remanded the matter back to the Appellate Authority to re-hear the matter and to take a fresh decision, appropriate direction should be issued for conclusion of such proceeding at an early date inasmuch as the applicant is a senior citizen and is aged about 78 years old. He further submits that necessary directions may be issued so that the applicant may have opportunity to rely on additional documents before the Appellate Authority.

2.

Mr. Sengupta, learned Advocate appearing for the respondents, does not object to the same. He submits that if leave is granted to the applicant to rely on additional documents, similar leave should also be granted to the respondents no. 1/Midnapur District Service cum Marketing & Industrial Cooperative Union Ltd.

3.

Having heard learned Counsel appearing for the respective parties though no case for review has been made out in this application, however, taking note of the submissions made by the parties and considering the advance stage of the applicant, I direct the Appellate Authority under the Payment of Gratuity Act, 1972, to hear out the matter which has been remanded back to the Appellate Authority and to take a fresh decision thereon within a period of eight weeks from the date of communication of the order, in terms of the directions contained in the order dated 9th January, 2024, by giving appropriate opportunity of hearing and by permitting the parties to rely on additional documents, if they so wish to rely on. 4.

With the aforesaid observations and directions the review application being RVW 56 of 2024 along with CAN 1 of 2024 stands disposed of.

(Raja Basu Chowdhury, J.)