A.K.Abdul Sameer v. The Chief Secretary And ORS
IN THE HIGH COURT AT CALCUTTA
[ CIRCUIT BENCH AT PORT BLAIR ] ...
WPA/573/2024 Shri A.K. Abdul Sameer ... Petitioner Vs.
The Chief Secretary and Ors. ... Respondents Ms. Vinita Devi ...for the Petitioner Mr. Shatadru Chakraborty Mr. Dibesh Dwivedi ...for the Respondents November 11, 2024 (M.A.Mobin) Item No.2
1. The Writ Petitioner and the Respondents are represented by their respective Counsels.
2. The Writ Petitioner has prayed for issuance of Writ of Mandamus upon the Respondent no.5 to submit a failure report before the appropriate Government for referring the matter before the Labour Court for adjudication.
3. In course of hearing learned Advocate appearing on behalf of the Writ Petitioner submits before this Court that since a labour dispute arises between the Writ Petitioner and the Respondent nos.2 to 4 authorities a conciliation proceeding was initiated by the Respondent no.5. While drawing attention to Page no.43 of the instant Writ Petition it is submitted that during the pendency of the
conciliation proceeding a frivolous report was submitted by the Administration before the Respondent no.5 authorities stating inter alia that the Writ Petitioner remained absent unauthorizedly which was objected to by the Writ Petitioner by issuing a letter dated 07.5.2024 which is available at Page no.46 of the instant Writ Petition.
4. It is thus submitted that practically the conciliation proceeding before the Labour Commissioner i.e. the Respondent no.5 was failed and therefore an appropriate direction may be passed upon the Respondent no.5 authorities to refer the matter before the Labour Court in accordance with law for proper adjudication of the dispute between the Writ Petitioner and the Respondent nos.1 to 3.
5. Learned Advocate appearing on behalf of the Respondent authorities submits before this Court that the instant Writ Petition is pre-matured since the conciliation proceeding is still going on and thus a reasonable time may be granted to the Respondent no.5 to complete the conciliation proceeding.
6. On careful consideration of the entire materials as placed before this Court it reveals that it is undisputed that a conciliation proceeding is
pending for a considerable length of time before the Respondent no.5 authority. Admittedly, there lies a dispute between the Petitioner and the Respondent nos.1 to 3 authorities with regard to the performance of duty by the Writ Petitioner.
7. In the facts and circumstances of the instant case and while disposing the instant Writ Petition this Court directs the Respondent no.5 i.e. the Labour Commissioner, Andaman & Nicobar Islands to dispose of the conciliation proceeding positively within four months from the date of communication of the order.
8. With the abovementioned observation the instant Writ Petition is disposed of.
9. The Respondent no.5 is directed to act on the Server Copy of the order.
10.
Learned Advocate for the Respondent authorities is hereby requested to communicate the Server Copy of the order to the Respondent no.5 for his duty compliance.
11.
Urgent Photostat certified copy of this order be supplied to the parties after compliance of all required formalities.
(Partha Sarathi Sen, J.)