Bijli Kaamgar Union And Another v. The Honourable Lt. Governor And Others

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] *** WPA/173/2022 Bijli Kaamgar Union and another Vs The Honourable Lt.Governor and others Mr.Gopala Binnu Kumar ... for the petitioner Mr. Shatadru Chakraborty Mr. D.Dwivedi ... for the respondent August 02, 2024 [SR] Item No.41 A settlement was arrived at between the petitioner Union and the management in respect of certain grievances that the members of the Union had relating to their service. This was under the Industrial Disputes Act, 1947. The settlement was dated October 26, 2017.

Alleging that the management was not acting in terms of the settlement, the petitioner Union approached this Court by filing WPA/116/2020. By a judgment and order dated December 9, 2021, a learned Judge of this Court directed the authorities to consider the representation of the members of the petitioner Union for reinstatement of daily rated mazdoors/mandays afresh.

Pursuant to such order of this Court, the Assistant Secretary (Power), Andaman and Nicobar Administration passed an order bearing No. 1485 dated June 2, 2022, rejecting the representation of the petitioner Union. That order is under challenge in the present writ petition.

Learned advocate for the respondents raises a preliminary objection as regards the maintainability of the of writ petition in

view of the relevant provisions of the Administrative Tribunal Act, 1985 read with the Constitution Bench judgment of the Hon'ble Supreme Court in the case of L. Chandra Kumar vs. Union of India and Others reported at (1997) 3 SCC 261. Learned advocate for the petitioners however says that a writ petition would be maintainable to enforce a settlement arrived at between the workmen and the management under the Industrial Dispute Act, 1947.

Having heard the rival contentions of the parties, I am of the view that in view of Section 14 of the Administrative Tribunal Act, 1985 and the decision of the Hon'ble Supreme Court in the case of L. Chandra Kumar (supra), I should not entertain the writ petition and relegate the petitioners to the Central Administrative Tribunal or the Labour Court, as the petitioners may be advised.

Accordingly, I dispose of the writ petition by granting liberty to the petitioners to approach the Labour Court or Central Administrative Tribunal with the grievance that they have ventilated in the present writ petition. If the petitioners approach one of those two fora within four weeks from date, that fora should decide the petitioners' grievance on merits without entering into the question of time bar, as expeditiously as possible but preferable within four months from the date of receipt of the application from the petitioners. WPA/173/2022 is disposed of.

(Arijit Banerjee J.)