G. Tulsi Das v. The Principal Chief Conservator Of Forests

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] ...

WPA/67/2022 G. Tulsi Das ... Petitioner Vs.

The Principal Chief Conservator of Forest & another ... Respondents Mrs. Anjili Nag ... for the petitioner Mrs.Yasmeen Begum ... for the respondent No.1 Mr.Shatadru Chakraborty Mr.Ramendu Agarwal ... for the respondent No.2 March 24, 2022 [GNC] Item No.6 This is an application under Article 226 of the Constitution of India wherein the petitioner is aggrieved by the order dated March 3, 2022 passed by the Assistant Labour Commissioner (II), Port Blair wherein the said respondent has rejected the case for conciliation by passing an order, which in my view, is clearly an unreasoned order.

A quick perusal of the order ('quick' as the order contains only one sentence) reveals that no reasons are forthcoming in the said order with regard to the findings of the officer that the matter is not a fit case for conciliation. By merely mentioning that there is a time limitation as mandated under the Industrial Disputes Act, 1947, the officer cannot reject the prayer for conciliation. The reasons have to be given in support of the ground for rejecting the claim of the petitioner. In light of the same, I quash and set aside the order dated March 2, 2022 and direct the officer concerned to grant an opportunity of hearing to the petitioner and thereafter pass a reasoned order within a period of six weeks from date. With the above directions, this writ petition is disposed of. ( Shekhar B. Saraf, J. )