Ramkrishna Sahu And ANR. v. The State Of West Bengal And ORS.

12.11.2024 Item No. 12 Crt.No.02 b.r. WPA 26598 of 2024 Ramkrishna Sahu & Anr.

-vsThe State of West Bengal & Ors.

Mr. Krishnapada Pal .... For the petitioners.

Mr. Susovan Sengupta Mr. Subir Pal ... for the State-Resp. nos. 1 to 4.

Mr. Subrata Santra ... for the Resp. no.5.

Mr.

Krishnapada Pal, learned advocate appears for the petitioners.

Mr.

Susovan Sengupta, learned State advocate appears for the respondent nos. 1 to 4. Mr.

Subrata Santra, learned advocate appears for the respondent no.5.

An Award was passed dated April 12, 2023, which was published on May 25, 2023.

Being aggrieved by the said Award, the petitioners have preferred a review proceeding being Case No. 24 of 2022 before the learned Judge, Second Labour Court, Kolkata, annexure 'C' at Page-45 to the writ petition.

This Court is informed by the parties that the next date fixed for this proceeding is December 24, 2024.

On perusal of the Award and the said application for review, this Court is of the view that, much will depends upon the result of the said review proceeding.

If the review proceeding succeeds, then the Award shall be modified or altered or set aside. In the event, the review proceeding does not succeed then only question of execution/implementation of the Award comes but not at this stage.

In view of the above, the learned Judge, Second Labour Court, Kolkata shall dispose of the review proceeding being Case No. 24 of 2022 latest by January 15, 2025 without granting any unnecessary adjournment to the parties. The authorities shall dispose of the proceeding after granting adequate opportunity of hearing to the parties thereto and then by passing a reasoned order.

It is made clear that this Court has not gone into the merits of this writ petition or merits of Case No. 24 of 2022 and the learned Judge, Second Labour Court shall proceed to dispose of the same strictly in accordance with law without

being influenced by observations made by this Court, if any.

Since affidavits are not called for, the allegations made in this writ petition are deemed not to have been admitted by the respondents. With the above observations and directions, this writ petition, WPA 26598 of 2024 stands disposed of, without any order as to costs.

Photostat certified copy of this order, if applied for, be furnished expeditiously.

(Aniruddha Roy, J.)