Krishna Chandra Das v. Union Of India & ORS

04-02-2021 ct no. 13 Sl.20 pk WPA 4881 of 2020 (Through Video Conference) Krishna Chandra Das

Versus

Union of India and others Mr. Surojit Samanta, Mr. Biswajit Samanta ... for the petitioner.

Ms. Rama Ghosh Dastidar ... for the Union of India.

Affidavit of service filed in Court is taken on record.

Pursuant to an order dated 18th November, 2014 passed in FMA 487 of 2014, the respondent no. 2, M/s. Instrumentation Limited paid a sum of Rs.5,813/- to the petitioner in the year 2015. The said cheque has not been encashed. The petitioner claims to have served the employer for 17 years whereas the employer has held that he has served only 6 years.

The petitioner claims that he has not been treated similar to 8 persons mentioned in the letter dated 23rd February, 2015 issued by his advocate to the employer.

This Court notices the writ petition itself is hopelessly barred by delay and laches since

the petitioner has been sleeping in the matter from the year 2015. This Court further finds that the matter involves disputed questions of fact and cannot be decided in the writ jurisdiction.

Be that as it may, this Court is of the view that no relief can be granted to the writ petitioner under Article 226 of the Constitution of India and the petitioner may agitate his cause of action before the Industrial Tribunal under the provisions of the Industrial Disputes Act, 1947.

The Tribunal may decide the matter strictly in accordance with law.

With the aforesaid observations, the instant writ petition is dismissed.

There shall be no order as to costs.

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

(Rajasekhar Mantha, J.)