Calocutta Ordinance Depot Employees Union And ANR. v. The State Of West Bengal And ORS.

28.11.2024

IN THE HIGH COURT AT CALCUTTA

Ct. No. 2 Constitutional Writ Jurisdiction Sl. No. 15 Appellate Side Moumita WPA 14931 of 2024 Calcutta Ordinance Depot Employees Union and Anr.

Vs The State of West Bengal and Ors.

Mr. Sayak Chakraborti Mr. Wrikbrata Roy Mr. Shwashtwik Chatterjee ...... for the Petitioners Ms. Priyanka Saha Mr. Debangshu Dinda ...for State Mr. Indrajit Dasgupta Mr. Sukanta Ghosh ....for respondent no. 3 (Union of India) Affidavit-of-service, filed in court today, is taken on record.

Mr. Sayak Chakraborti, learned counsel appears for the petitioner.

Ms. Priyanka Saha, learned counsel appears for state/respondent.

Mr. Indrajit Dasgupta, learned counsel appears for respondent no. 3.

None appears for the rest of the respondents. The original registration certificate of the petitioner no. 1 has been lost which is a Registered Trade Union, according to the petitioners. The petitioners made a representation dated January 25, 2024 Annexure P 6

at page 39 to the writ petition but same has not yet been disposed of.

It is noted that correct name of the Registered Trade Union is Calcutta Ordinance Depot Employees Union.

In view of the above, the respondent no. 2 upon issuing a prior hearing notice of at least seven days to the petitioner, and after granting opportunity of hearing shall dispose of the said representation dated January 25, 2024 by passing a reasoned order in accordance with law.

The entire exercise as directed herein shall be carried out and completed by the respondent no. 2 positively within a period of four weeks from the date of communication of this order. The reasoned order shall be communicated to the petitioners positively within a period of one week from the date of the reasoned order to be passed.

The petitioners shall be at liberty to urge whatever points they wish to urge by relying upon whatever records and documents they wish to rely upon before the respondent no. 2 to sustain his claim.

Since affidavits are not called for, the allegations made in the writ petition are deemed not to have been admitted by the respondents.

With the above observations and directions, this writ petition WPA 14931 of 2024 stands disposed of, without any order as to costs.

(Aniruddha Roy, J.)