Shri. Susanta Das v. The Divisional Forest Officer
IN THE HIGH COURT AT CALCUTTA
Constitutional Writ Jurisdiction Appellate Side [ CIRCUIT BENCH AT PORT BLAIR ] ...
WPA/686/2022 Shri Susanta Das Vs.
The Divisional Forest Officer Mr. Gopala Binnu Kumar ... for the petitioner Ms. Anjili Nag ... for the respondents December 14, 2022 [SR] Item No.8 The petitioner challenges the Award dated 17th May, 2022 passed by the Labour Court in ID Case No.09 of 2015 ( Shri Susant Das Vs. The Divisional Forest Officer).
Mr. Gopala Binnu Kumar, learned counsel for the petitioner submits that the Court below only referred to the decision of the Supreme Court without discussing the facts and submission of the case.
It is also argued that the Presiding Officer of the Tribunal failed to notice the correct interpretation of the period of one year or 12 months under section 25 B of the Industrial Disputes Act, 1947.
This Court has carefully gone through the Award and heard counsel for the petitioner and the respondents
at length. It appears clearly to this Court that there is no violation of natural justice or statutory provisions. The Presiding Officer has definitely given some reasons to arrive at a conclusion that the petitioner has not completed 240 days of continuous service. The Presiding Officer has given some more reasons after applying this facts to number of decisions of the Supreme Court on the subject.
It is not for a writ court to weight the quantum of reasons or sit in appeal over findings of fact by a Tribunal or quasi-judicial body. As long as there are some reasons given, sufficiency or otherwise of such reasons cannot be questioned by a writ court. The impugned Award therefore does not suffer from any vice, warranting any interference under Article 226 of the Constitution of India.
WPA/686/2022 stands disposed of without any orders.
There shall be no order as to costs.
All parties shall act on the server copy of this order duly downloaded from the official website of this Court.
( Rajasekhar Mantha, J. )