Andaman And Nicobar Administration And ANR v. State Transport Workers Union

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR *** MA/7/2023 IA No.CAN/1/2023 Andaman and Nicobar Administration and another Vs.

State Transport Workers Union Mr.Shatadru Chakraborty Mr. Dibesh Dwivedi .... for the appellants Mr. Bikashranjan Bhattacharyya [through virtual mode] Mr. Rananeesh Guha Thakurta Mr. K.Sabir ... for the respondents June 23, 2023 [SR] Item No.5 Learned counsel appearing for the appellants/ administration submits that the Hon'ble Single Judge erred in law in appreciating that the writ petition was filed by Trade Union and is not maintainable where the individual rights are being agitated.

Learned counsel further submits that for recruitment process of 2595 number of posts, it is difficult for the Administration to keep 115 posts vacant and for this direction, the Administration is finding difficulty to proceed with the process of recruitment.

Heard the parties at length.

We find that the Hon'ble Single Judge categorically came to a preliminary finding that the Administration may proceed with the process of recruitment as notified by them vide their press note dated 29.04.2023, but 115 posts has to be kept reserved in the transport department earmarked for the members of the petitioners, who have been identified in the award dated 30th January, 2020.

We also clarify that, if the Administration wishes to advertise such recruitment process, a corrigendum may be issued along with the advertisement mentioning the gist of the interim order passed in WPA/724/2023.

With such direction, the appeal and the connected application are disposed of.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court. ( Bivas Pattanayak, J.) ( Rajarshi Bharadwaj, J.)