C.Sanjai v. The Lt.Governor And ORS

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] *** WPA/451/2024 C. Sanjai Vs The Lieutenant Governor and others Ms. Anushka Singh ... for the petitioner Ms. Babita Das ... for the respondent nos.1&2 Mr. Shatadru Chakraborty Mr. Dibesh Dwivedi ... for the respondent nos.3,4,5 September 02, 2024 [SR] Item No.4 The petitioner was engaged as a Daily Rated Bus Conductor in the department of Directorate of Transport, Andaman and Nicobar Administration on 10th July, 2015 in terms of an Office Order No.2104. By an office order dated 8th September, 2021 bearing No.2261, the petitioner was disengaged, inter alia, on the ground of misconduct, lack of integrity and devotion to duty. It appears from the said order which is annexed at page-16 of the writ petition that the petitioner was given a hearing prior to issuance of such order. The petitioner raised a belated challenge to such disengagement by making a representation dated 13th December, 2023 to the Director of Transport, Andaman and Nicobar Administration with a request to re-engage him as Daily Rated Bus Conductor.

The Deputy Director (HQ), Directorate of Transport, Andaman and Nicobar Administration, by a memo dated 31st January, 2024, informed the petitioner that in view of the latest guidelines issued by the UT Administration, the petitioner's representation cannot be considered.

The petitioner thereafter, by a letter dated 22nd March, 2024 addressed to the Labour Commissioner and the Conciliation Officer, requested for a conciliation proceeding with the employer. It is the grievance of the petitioner that, despite such request, no steps have been taken for holding a conciliation meeting. The petitioner is seeking for a direction upon the Labour Commissioner for taking necessary steps for holding a conciliation meeting. On behalf of the respondent nos.3,4 and 5, it is submitted that they are taking steps for holding the conciliation proceedings and some reasonable time period may be granted for completing the same.

In the aforesaid facts and circumstances of the case, this writ petition is disposed of directing the Labour Commissioner, being the respondent no.3 herein, to take necessary steps for holding the conciliation meeting and conclude the same within a period of three months from date.

Nothing further remains to be adjudicated in this writ petition. The writ petition is accordingly disposed of. Since I have not invited any affidavits, the allegations contained in the writ petition are deemed to have not been admitted by the respondents.

( Arindam Mukherjee, J. )