Shankar Jha v. The State Of West Bengal And ORS

Court No. 2

IN THE HIGH COURT AT CALCUTTA

Circuit Bench At Jalpaiguri Constitutional Writ Jurisdiction Appellate Side W.P.A. 675 of 2024 Shankar Jha VS The State of West Bengal & Ors.

Mr. Masum Ali Sardar Mr. Bikash Singha ..... for the petitioner Mr. Momenur Rahaman Mr. Sumit Kumar .... For the State Affidavit of service filed in Court today is taken 09.4.2024 (Item No. 55) (AB) on record.

So grievance of the petitioner is that, the employment of the petitioner stood terminated and the connected conciliation proceeding under the Industrial Dispute Act, 1947 is lying pending before the respondent No. 5 since May 10, 2023.

Considering the issue involved in this writ petition, this Court is of the view that, no fruitful purpose shall be served by keeping this writ petition pending.

To sub-serve justice and in exercise of its equitable writ jurisdiction this Court directs that, the respondent No. 5 shall proceed and conclude the conciliation proceeding pending before it positively within a period of four months from the date of communication of this order in accordance with law

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

It is also made clear that, this order shall not create any right or equity in favour of the petitioner and the jurisdictional authority shall proceed with the conciliation proceeding and shall arrive at a logical conclusion strictly in accordance with law.

It is to be noted that, opportunity of hearing shall be granted to the petitioner and the other interested parties in accordance with law.

On the above terms, this writ petition, WPA 675 of 2024 stands disposed of, without any order as to costs.

Urgent photostat certified copy of this order, if applied for, be supplied to the parties expeditiously, on compliance of usual legal formalities.

(Aniruddha Roy, J.)