Suku Munda v. Eastern Coalfields Limited And ORS

ORDER SHEET OD-2

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION ORIGINAL SIDE WPO No. 654 of 2024 IA No. GA 1 of 2025 IA No. GA 2 of 2025 SUKU MUNDA

VERSUS

M/S. EASTERN COALFIELDS LIMITED AND ORS.

BEFORE:

The Hon'ble JUSTICE ARINDAM MUKHERJEE Date: 28th January, 2025.

Appearance:

Mr. Partha Ghosh, Adv.

Mr. Amal Kumar Datta, Adv.

Ms. Simran Sureka, Adv.

Mr. Debashis Das, Adv.

For the petitioner.

Mr. Manik Das, Adv.

Mr. Soumava Mukherjee, Adv.

For the respondent- ECL authorities.

The Court :- The report filed by the Registrar, Original Side of this Court is taken note of. The service of the order dated 21st January, 2025 has been duly effected.

In terms of the order dated 21st January, 2025 passed in the writ petition being WPO No. 654 of 2024 the Chairman-cum-Managing Director,

Eastern Coalfields Limited being the respondent no.2 in this writ petition, the Director Personnel (ECL) being the respondent no.3 and Mr. Proloy Dasgupta, Manager (Personnel), Madhusudanpur Colliery were directed to be personally present in Court at 2:00 p.m.

ECL has taken out two applications respectively being IA No. GA 1 of 2025 and IA No. GA 2 of 2025.

In IA No. GA 1 of 2025 ECL has sought for extending the time to comply with the directions passed by this Court vide order dated 21st January, 2025 read with the order dated 7th January, 2025. IA No. GA 2 of 2025 is an application for modification of the order dated 21st January, 2025 passed in WPO No. 654 of 2024 with a prayer for stay of operation of the said order.

Re: IA No. GA/1/2025 in WPO No. 654 of 2024 On behalf of ECL, it is submitted that they are not willing to proceed with the said application. Accordingly, IA No. GA/1/2025 in WPO No. 654 of 2024 is disposed of without any further order. Re: IA No. GA/2/2025 in WPO No. 654 of 2024 It is submitted by ECL that the appointment letter has been issued to the petitioner on 25th January, 2025 which has been duly accepted by the petitioner. The main issue regarding the appointment, therefore, stands resolved. So far as the personal appearances are concerned, a prayer has been made on behalf of ECL to dispense with such personal appearances since the appointment letter has already been issued.

This Court, on a sympathetic consideration of the issue, dispenses

with the personal presence of the Chairman-cum-Managing Director, Eastern Coalfields Limited being the respondent no.2 in this writ petition, the Director Personnel (ECL) being the respondent no.3 and Mr. Proloy Dasgupta, Manager (Personnel), Madhusudanpur Colliery.

Nothing further remains to be adjudicated in this application.

Accordingly, IA No. GA/2/2025 in WPO No. 654 of 2024 is disposed of.

Re: WPO No. 654 of 2024 Since the appointment has already been granted which was the main grievance of the petitioner in the writ petition, nothing further remains to be adjudicated in the writ petition.

The writ petition is, accordingly, disposed of recording that the petitioner has been granted appointment vide issuance of appointment letter dated 25th January, 2025 which has been duly accepted by the petitioner. (ARINDAM MUKHERJEE, J.) snn.