Shri. C. Moosa v. The Andaman And Nicobar Administration And 03 ORS.

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] *** WPA/145/2021 Shri. C.Moosa Vs The Andaman and Nicobar Administration and others Mr. Gopala Binnu Kumar ... for the petitioner Mr. V.D.Sivabalan Mr. Arun S Kumar ... for the respondents August 8, 2024 [AKB] Item No.22 This is an application filed under Article 226 of the Constitution of India seeking for, inter alia, issue of writ in the nature of mandamus setting aside the impugned order dated 22.12.2020 passed by the respondent No. 3 along with other prayers.

The petitioner herein sought to enforce National Maritime Board Agreement to claim compensation on account of permanent disablement and complete loss of earning capacity. The petitioner approached the authority but his prayer was turned down in terms of the impugned order dated 22.12.2020.

Mr. Gopala Binnu Kumar, learned counsel for the petitioner submitted that petitioner's claim is based on National Maritime Board Agreement governing the petitioner's status as well as condition of service. According to him the claim of the petitioner was wrongfully rejected. Mr.

Sivabalan, appearing for the respondents submitted that neither writ court can go into the fact finding nor the writ court has any jurisdiction to pass any order since the remedy of the petitioner lies in statutory forum, herein it should be Employees' Compensation Court. I have heard rival submissions.

In exercise of writ jurisdiction this Court cannot decide upon whether the petitioner is entitled to compensation on account of permanent disablement, loss of earning capacity and whether the alleged injury arose out of and in course of employment. This is domain of the appropriate forum. This, Court, in exercise of writ jurisdiction should not embark

upon any fact finding exercise, being domain of another forum. The petitioner shall approach appropriate forum for redressal of his grievance.

In nutshell the instant writ petition is disposed of with liberty to the petitioner to approach the appropriate forum agitating all his grievances for redressal.

The parties are to act on a server copy of this order duly collected from the official website of the Hon'ble High Court at Calcutta.

(Sugato Majumdar, J.)