Pradyat Saha v. State Of West Bengal & ORS

3 & wt4 03-09-2020 debajyoti/kole Through Video Conference WPA 5418 of 2020 + IA No.CAN 1 of 2020 (CAN 3150 of 2020) + IA No.CAN 2 of 2020 (CAN 3178 of 2020) CITU & Anr.

Vs.

State of West Bengal & Ors.

W I T H WPA 5784 of 2020 + IA No.CAN 1 of 2020 (CAN 3778 of 2020) Pradyat Saha Vs State of West Bengal & Ors.

Mr. Bikash Ranjan Bhattacharyya, Mr. Samim Ahammed ... For the Petitioners in WPA 5418 of 2020.

Mr. Kinjal Baral ... For the Petitioner in WPA 5784 of 2020.

Mr. Kishore Dutta, learned A.G., Mr. Sayan Sinha ... For the State.

Mr. Y. J. Dastoor, learned A.S.G., Mr. Vipul Kundalia, Mr. Arijit Majumdar ... For Union of India.

In furtherance of the order minuted on 24-08-2020, we have heard learned Senior

Counsel for the petitioners and learned Advocate General for the State and counsel for the petitioner in WPA 5784 of 2020.

Following the in-principle understanding that was recorded in the penultimate paragraph of the order dated 2408-2020, learned Advocate General submitted that there are district level officers and block level officers. Learned Senior Counsel for the petitioners, Mr. Bhattacharyya, submitted that it is better that the applications, objections and complaints are processed at the grass root level and for that purpose, it would be feasible that the block level officers of Labour Department may be directed to carry out such exercise. There can be no objection to this course of action, access to justice at the grass root level through the administrative system would be more positive and any reporting of requisite action from higher authorities can be generated from the grass root level.

Accordingly, we order these writ petitions directing that all complaints falling within the zone of labour management including the migrant workers can be placed by those in need or also by those who are extending their legitimate help by making requisite complaints or raising objections or making applications before the Labour Inspectors at the block level throughout the State of West Bengal under its Labour Department. All offices are hereby directed to initiate all requisite notes on each of such applications within a week of the receipt of any

such application and have it finally processed within a period of three weeks therefrom. We clarify that we have not diluted upon or considered any other issue having regard to the nature of the directions that we have issued hereinabove. We, therefore, clarify that all other issues are kept open.

These writ petitions and the connected applications are ordered accordingly.

( Thottathil B. Radhakrishnan, C.J. ) ( Subhasis Dasgupta, J. )