M/S Birla Buildings Ltd. v. State Of West Bengal And ORS.

D/L. 12.

August 7, 2024.

MNS.

WPA No. 13147 of 2024 M/s Birla Buildings Ltd.

Vs.

The State of West Bengal and Others Mr. Nayan Rakshit ... for the petitioner.

Mr. Suman Sengupta, Ms. Amrita Panja Moulick ...for the State.

Mr. Balaram Patra, Mr. Suvadip Bhattacharjee ...for the respondent no. 3.

It is fairly submitted on behalf of the parties that no final order has yet been passed in Case No.VIII-10 of 2013 (M/s Birla Building Ltd. Vs. Mr. Anil Singh). Both parties submit that all issues are open and yet to be decided by the Tribunal.

It appears from the impugned order that the company had been directed to adduce evidence to prove the charges on merit.

In such view of the matter any interference at this stage of the proceeding would only delay and procrastinate the main proceeding, being Case No.VIII-10 of 2013 (M/s Birla Building Ltd. Vs. Mr. Anil Singh).

In view of the above, WPA No. 13147 of 2024 is disposed of by directing both parties to raise all issues, both on maintainability and on

merit in accordance with law, before the Learned 2nd Industrial Tribunal.

It is made clear that there has been no adjudication on the merits of the case and all the issues are left open for the Tribunal to decide in accordance with law upon hearing both parties. (Ravi Krishan Kapur, J.)