Bhabani Sankar Si v. Union Of India And ORS.
ItemWP.CT 217 of 2025 31-10-2025 4.
Bhabani Sankar Si sg Vs.
The Union of India & Anr.
Ct. 4 Mr. Indranuj Dutta Mr. Goutam Kumar Das Ms. Benazir Sk.
...for the petitioner
1. Substantial relief in the Original Application filed by the writ petitioner is challenged to rejection of the petitioner's claim for certain dues/arrears.
2. A limited prayer is made that the Court should give a direction to the Tribunal to dispose of the pending original application within a stipulated timeframe.
3. It is normally not desirable to pass such orders as the Forum/Court, which is in seisin of the matter, is the best suited to decide the matter having regard to the business available in the Forum, prioritizing the matters as per urgency.
4. Having regard to the records of the case which have been enclosed along with the writ petition, we find that the writ petition does not disclose what happened after the order of the Tribunal dated 11th March, 2021 wherein the respondents were directed to give a hearing to the applicant and to find out whether the dues have been paid to the applicant with regard to break up which was directed to be paid by the High Court. The writ petition also does not disclose as to what has happened after 2022. The order-sheets enclosed are only upto the year
2022. It is, therefore, not possible for this Court to ascertain as to under what circumstances the matter remained pending. Without examining the cause for its pendency and without recording a finding that such pendency is not attributable to the applicant/petitioner, we are not in a position to pass any such order.
5. Accordingly, the writ petition, being WP.CT 217 of 2025, is disposed of with liberty to the writ petitioner to mention the matter for priority listing before the Tribunal.
6. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all requisite formalities.
(Madhuresh Prasad, J.) (Supratim Bhattacharya, J.)