Roy Enterprise & ORS v. State Of West Bengal & ORS

D.L. 10.

21.09.2020 S.D.

W.P.A. 6825 of 2020 With CAN 1 of 2020 (Old No. CAN 5835 of 2020) Roy Enterprise & Ors.

Vs.

The State of West Bengal & Ors.

(Via Video Conference) Mr. Pratip Mukherjee Mr. Arijit Ghosh ..for the petitioners.

The petitioners challenge a Memo dated July 28, 2020 issued by the Assistant Labour Commissioner, Basirhat directing the petitioners to furnish certain documents and particulars. The petitioners allege that this order has been passed behind the petitioners' back and as such there was violation of principles of natural justice. The petitioners further allege whether the Assistant Labour Commissioner, Basirhat had the jurisdiction to pass such order is also doubtful.

After going through the impugned memo, I find that only direction for production of documents and particulars has been given. This cannot be said to be an order passed behind the back of the petitioners because further orders are contemplated on the production of the documents and

furnishing of the details. In my view, the petitioners' grievances are premature and unfounded at the stage. So far as the jurisdiction of the Assistant Labour Commissioner to pass any order is concerned, it will be open to the petitioners to challenge the same after passing of the order on production of the documents and furnishing of particulars as indicated in the memo dated July 28, 2020. There is nothing further to be adjudicated in the writ petition. The writ petition along with the application being CAN 1 of 2020 (Old No. CAN 5835 of 2020) is accordingly disposed of without any order as to costs. Since I have not called for any affidavits, the allegations made in the writ petition are deemed to have not been accepted by the respondents.

(Arindam Mukherjee, J.)