Centre Of Indian Trade Unions And ANR. v. The Union Of India And ORS.

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] *** WPA/417/2022 Centre of Indian Trade Unions and Another Vs.

The Union of India and Others Mr. Gopala Binnu Kumar Ms. Vinita Devi ... for the petitioners Mr. Shatadru Chakraborty, Sr.Adv.

Mr. Dibesh Dwivedi ... for the respondent nos.1 to 5 February 06, 2025 [SR] Item no. 17 1.

In terms of the order dated 30th January, 2025, this writ petition is taken up for final consideration in presence of the learned advocates representing the petitioner union and the respondent nos.1 to 5.

2.

The grievance of the petitioner is constitution of Board not in consonance with section 18 of Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996 ( hereinafter referred to as the said Act of 1996) 3.

Today Mr. Kumar, learned advocate representing the petitioner union submits that constitution of Board as envisaged under section 18 of the said Act of 1996 was not done at the time of constituting the Board in 2022. However, at the same time, it is also submitted that statutory life of the Board is of three years and same is going to expire in the month of July, 2025. There should be quietus with a direction upon the concerned respondent authorities to constitute the Board in terms of the relevant provisions of the said Act of 1996 after

expiry of life of the present Board allowing representation of the petitioner union.

4.

Mr.Shatadru Chakraborty, learned senior advocate representing the respondent nos. 1 to 5 has disputed the submissions made on behalf of the petitioner union and it is contended that there is no deviation so far constitution of the Board which was made in 2022. Submissions have been made on behalf of the respondents to defend such constitution of the Board.

5.

Having considered the respective submissions made on behalf of the parties and taking note of the fact that the life of the present Board is going to expire in July, 2025, the writ petition is disposed of by directing the concerned respondent authorities to constitute the Board after expiry of the present Board strictly in terms of the relevant provisions of the said Act of 1996 when the authorities shall consider the representation of the petitioner union on the said Board.

6.

It is made clear that the Court has not entered into the merits of the issue as canvassed in the present writ petition. 7.

Urgent photostat certified copy of this order, if applied for, be supplied to the learned advocate appearing for the parties upon compliance of usual formalities.

( Saugata Bhattacharyya, J. )