Shri. Veeraswamy v. The Honble Lt. Governor And ORS.
IN THE HIGH COURT AT CALCUTTA
[ CIRCUIT BENCH AT PORT BLAIR ] *** MAT/5/2025 Shri Veeraswamy Vs.
The Hon'ble Lieutenant Governor and Others With MAT/6/2025 Shri Biswajit Mondal Vs.
The Hon'ble Lieutenant Governor and Others with MAT/7/2025 Shri Sudhir Ram Vs.
The Hon'ble Lieutenant Governor and Others With MAT/8/2025 Shri B. Rajesh Kindo Vs.
The Hon'ble Lieutenant Governor and Others Mr. Gopala Binnu Kumar ... for the petitioner Mr. Shatadru Chakraborty, Sr. Adv.
Mr. Rakesh Kumar Mr. Dibesh Dwivedi ... for the respondents March 12, 2025 [SR] Item No.7 1.
The appellants were engaged as a Daily Rated Mazdoor (DRM) under Andaman Adim Janjati Van Vikas. All the appeals are heard together since they involve similar questions of law and facts.
2.
Each of the appellants were engaged as Daily Rated Mazdoor under Andaman Adim Janjati Van Vikas. Their services were summarily terminated after they have found to, inter alia, taken pictures of naked Jarawa women, supplied alcohol and tobacco to them and come to work under intoxication and committed other acts undesirable of a DRM. The services of the petitioners were terminated. 3.
Mr. Gopala Binnu Kumar, learned counsel has argued that the services of each appellant was terminated without following the principles of natural justice. The charges against his clients are false and fabricated and the petitioners have been performed their duties diligently and with sincerity. 4.
We have heard Mr. Shatadru Chakraborty, learned senior counsel appearing for the respondents, who has referred to the memo dated 22nd January, 2021 and similar memos were issued in respect of the other appellants along with their reply and submitted that having regard to the sensitivity attached to the job, the services of each of the appellants cannot be continued.
5.
The learned Single Judge was of the view that since the their services have been terminated, they are entitled to raise the issues before Labour Court in accordance with the provisions of the Industrial Disputes Act, 1947. The Industrial Tribunal has enormous power to hold an enquiry as envisaged under section 11 A of the Industrial Disputes Act, 1947 and we are of the view that the remedies provided under the Industrial Disputes Act are efficacious. All points raised in the writ petition will be available to each of the appellants if dispute is
raised with the Industrial Tribunal in challenging the action of the respondents in terminating their services. 6.
Mr. Kumar, however, submits insofar as Biswjit Mondal is concerned, no show cause notice was issued and no opportunity of hearing was given to offer any explanation. This issue can be raised before the Labour Court.
7.
On such consideration, we are not inclined to interfere with the order passed by the learned Single. The appeals are disposed of. However, there shall be no order as to costs. ( Soumen Sen, J. ) (Raja Basu Chowdhury, J. )