Calcutta High CourtWPA/8254/2022dismissed as withdrawn

Ajay Tiwari And Others v. Union Of India And ORS.

2022-11-28Hon'Ble Justice Raja Basu Chowdhury3 pages

28.11.2022 sb Ct 550

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA 8254 of 2022 Ajay Tiwari & Ors.

Vs.

Union of India & Ors.

Mrs. Malabika Saha ... For the petitioners.

Mr. Arun Kumar Maiti (Mohanty) Ms. Oisani Mukherjee ... For the respondent nos.1 to 4 Mrs. Smita Saha Ms. Neelanjana Ghorui Mr. Sk. Saidullah ... For the respondent nos. 5, 6 and 8 It appears that an inadvertent error has crept in the order dated 15th November, 2022. In the order dated 15th November, 2022, the returnable date has been wrongly typed as 23rd December, 2022. The same should read as 23rd November, 2022.

It is also submitted that the appearance of Mr. Arun Kumar Maiti (Mohanty), learned advocate representing the respondent nos. 1 to 4 has not been recorded in the order dated 15th November, 2022, let the same be recorded in the order dated 15th November, 2022.

Since the writ petitioners had asserted that office of the Central Government Industrial Tribunal was lying vacant, the instant writ application was entertained and from time to time certain directions had also been issued by this Hon'ble Court.

Mrs. Saha, learned advocate, representing the petitioners submits that the Central Government Industrial Tribunal is now functioning and, as such, she has already filed a statement of claim before the Central Government Industrial Tribunal on 2nd November, 2022. She prays for leave to withdraw the instant writ application and proceeds before the Central Government Industrial Tribunal.

Mr.

Maiti, learned advocate representing the respondent nos. 1 to 4 does not oppose withdrawal of the aforesaid writ application. He further submits that steps are being taken by the authorities to disburse the legitimate dues of the writ petitioners.

Ms. Ghorui, learned advocate representing the respondent nos. 5, 6 and 8 submits that the dues payable to her clients has since been cleared.

Having regard to the submissions made by Mrs. Saha, leave is granted to the petitioners to withdraw the writ application and to proceed on the self-same cause of action before appropriate authority/tribunal. In view thereof, the instant writ application, being WPA 8254 of 2022, stands dismissed as withdrawn. There shall, however, be no order as to costs. (Raja Basu Chowdhury, J.)