Shri. C. Sanjai v. The Lt. Governor And ORS.

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] *** WPA/675/2024 Shri C. Sanjai Vs.

The Lieutenant Governor and Others Mr. Adarsh Ilango ... for the Petitioner Mr. Shatadru Chakraborty, Senior Advocate, Mr. Rakesh Kumar Mr. Dibesh Dwivedi ... for the Respondents December 06, 2024 [TK] Item No.5 1.

The Office Order No. 2261 dated 8th September, 2021 of Director (Transport) has been challenged by petitioner in instant writ application.

2.

The petitioner was engaged as a Daily Rated Bus Conductor (Semi-skilled) vide Office Order No. 2104 dated 10th July, 2015 for a period of six years at the rate of Rs. 286/- per day by Directorate of Transport, Andaman and Nicobar Administration.

Subsequently, on the ground of grave misconduct, lack of integrity and lack of devotion in duty, his sub-ordination, the Appointing Authority disengaged him with effect from 8th September, 2021 vide the impugned order. 3.

The petitioner represented to the Appointing Authority for re-engagement in the service but authority turned his deaf ear on his representation.

4.

Against the negligence on the part of the authority in respect of his representation, the petitioner prayed for a

direction before the Co-ordinate Bench in WPA 451 of 2024 in which Hon'ble Co-ordinate Bench directed the Labour Commissioner to take necessary steps for holding the conciliation meeting and conclude the same within two months from the date. But the conciliation was failed as appear from a letter of Labour Commissioner and Directorate of Transport, Sri Vijayapuram dated 11th November, 2024.

5.

The petitioner challenged the said order and sought direction upon the respondent authorities to refer his dispute to Labour Court.

6.

Learned Advocate for the respondents submits that provision of Section 12 (5) of the Industrial Dispute Act, 1947 is discretionary in nature and respondent authorities are not bound to refer all disputes to the Labour Court. However, respondent authorities are ready to send it, if so directed. 7.

In view of the above discussion, the respondent authorities are directed to refer the matter of disengagement of petitioner from his service with effect from 8th September, 2021 to the Labour Court within four weeks from the date of communication of this order, in accordance with the relevant provision of law.

8.

Learned Advocate for the petitioner is directed to communicate this order to the respondent authorities, at once. 9.

Nothing further remains to be adjudicated in this writ petition.

10.

Accordingly, the writ petition being WPA 675 of 2024 is disposed of.

11.

Since I have not invited any affidavits, the allegations contained in the writ petition are deemed to have not been admitted by the respondents.

12.

There is no order as to the cost.

13. Urgent Photostat certified copy of this order, if applied for, may be supplied to the parties upon compliance of usual formalities.

(Uday Kumar, J.)