Tripura High Court
Tripura Gramin Bank vs The Controlling Authority on 8 April, 2019
Author: Arindam Lodh
Bench: Arindam Lodh
Page 1 of 11
HIGH COURT OF TRIPURA
AGARTALA
WP(C) 10 of 2019
1. Tripura Gramin Bank
(represented by the Chairman,
Tripura Gramin Bank, the petitioner No.2),
Head Office at Abhoynagar, Agartala,
District: Tripura West, PIN-799005.
2. The Chairman
Head Office at Abhoynagar, Agartala,
District:Tripura West, PIN-799005.
Petitioner(s)
Versus
1. The Controlling Authority
Payment of Gratuity Act, 1972
and the Assistant Labour Commissioner (Central)
Silchar, PIN-188004.
2. Sri Prasanta Roy Chowdhury
S/o Lt. Prafulla Kr. Roy Chowdhury,
Banamalipur, Near Lal Bahadur Club
P.O. Agartala, P.S. East Agartala,
District: Tripura West, PIN-799001.
Respondent(s)
3. The Union of India Represented by the Secretary to the Department of Labour & Employment, Govt. of India, New Delhi, PIN-110 001.
4. The Secretary, Department of Labour & Employment, Govt. of India, New Delhi, PIN-110 001.
5. The State of Tripura Department of Labour, Government of Tripura, Secretariat Complex, Agartala, District Tripura West, PIN-799006.
Proforma Respondent(s) WP(C) 11 of 2019
1. Tripura Gramin Bank (represented by the Chairman, Tripura Gramin Bank, the petitioner No.2), Head Office at Abhoynagar, Agartala, District: Tripura West, PIN-799005.
Page 2 of 112. The Chairman Head Office at Abhoynagar, Agartala, District:Tripura West, PIN-799005.
Petitioner(s) Versus
1. The Controlling Authority Payment of Gratuity Act, 1972 and the Assistant Labour Commissioner (Central) Silchar, PIN-188004.
2. Smt. Smritirekha Das W/o Lt. Sudhir Das East Sibnagar, P.O. Agartala College, PS East Agartala, District Tripura West, PIN 799004.
Respondent(s)
3. The Union of India Represented by the Secretary to the Department of Labour & Employment, Govt. of India, New Delhi, PIN-110 001.
4. The Secretary, Department of Labour & Employment, Govt. of India, New Delhi, PIN-110 001.
5. The State of Tripura Department of Labour, Government of Tripura, Secretariat Complex, Agartala, District Tripura West, PIN-799006.
Proforma Respondent(s) WP(C) 12 of 2019
1. Tripura Gramin Bank (represented by the Chairman, Tripura Gramin Bank, the petitioner No.2), Head Office at Abhoynagar, Agartala, District: Tripura West, PIN-799005.
2. The Chairman Head Office at Abhoynagar, Agartala, District:Tripura West, PIN-799005.
Petitioner(s) Versus
1. The Controlling Authority Payment of Gratuity Act, 1972 and the Assistant Labour Commissioner (Central) Silchar, PIN-188004.
Page 3 of 112. Sri Sudhan Debnath S/o Lt. Lal Mohan Debnath, Kunjaban, near circuit House, P.O. Abhoynagar, P.S. New Capital Complex, District Tripura West, PIN 799005.
Respondent(s)
3. The Union of India Represented by the Secretary to the Department of Labour & Employment, Govt. of India, New Delhi, PIN-110 001.
4. The Secretary, Department of Labour & Employment, Govt. of India, New Delhi, PIN-110 001.
5. The State of Tripura Department of Labour, Government of Tripura, Secretariat Complex, Agartala, District Tripura West, PIN-799006.
Proforma Respondent(s) WP(C) 13 of 2019
1. Tripura Gramin Bank (represented by the Chairman, Tripura Gramin Bank, the petitioner No.2), Head Office at Abhoynagar, Agartala, District: Tripura West, PIN-799005.
2. The Chairman Head Office at Abhoynagar, Agartala, District:Tripura West, PIN-799005.
Petitioner(s) Versus
1. The Controlling Authority Payment of Gratuity Act, 1972 and the Assistant Labour Commissioner (Central) Silchar, PIN-188004.
2. Sri Samir Ranjan Bhattacharjee S/o Lt. Sati Ranjan Bhattacharjee Ramnagar Road No. 8, P.O. Ramnagar, P.S. West Agartala, District Tripura West, PIN-799002.
Respondent(s)
3. The Union of India Represented by the Secretary to the Department of Labour & Employment, Govt. of India, New Delhi, PIN-110 001.
Page 4 of 114. The Secretary, Department of Labour & Employment, Govt. of India, New Delhi, PIN-110 001.
5. The State of Tripura Department of Labour, Government of Tripura, Secretariat Complex, Agartala, District Tripura West, PIN-799006.
Proforma Respondent(s) WP(C) 14 of 2019
1. Tripura Gramin Bank (represented by the Chairman, Tripura Gramin Bank, the petitioner No.2), Head Office at Abhoynagar, Agartala, District: Tripura West, PIN-799005.
2. The Chairman Head Office at Abhoynagar, Agartala, District:Tripura West, PIN-799005.
Petitioner(s) Versus
1. The Controlling Authority Payment of Gratuity Act, 1972 and the Assistant Labour Commissioner (Central) Silchar, PIN-188004.
2. Sri Praimal Bhowmik S/o Lt. Manindra Bhowmik Gedu Miah Masjid Road, Agartala, PO Agartala, PS East Agartala, District: Tripura West, PIN-799001.
Respondent(s)
3. The Union of India Represented by the Secretary to the Department of Labour & Employment, Govt. of India, New Delhi, PIN-110 001.
4. The Secretary, Department of Labour & Employment, Govt. of India, New Delhi, PIN-110 001.
5. The State of Tripura Department of Labour, Government of Tripura, Secretariat Complex, Agartala, District Tripura West, PIN-799006.
Page 5 of 11Proforma Respondent(s) WP(C) 15 of 2019
1. Tripura Gramin Bank (represented by the Chairman, Tripura Gramin Bank, the petitioner No.2), Head Office at Abhoynagar, Agartala, District: Tripura West, PIN-799005.
2. The Chairman Head Office at Abhoynagar, Agartala, District:Tripura West, PIN-799005.
Petitioner(s) Versus
1. The Controlling Authority Payment of Gratuity Act, 1972 and the Assistant Labour Commissioner (Central) Silchar, PIN-188004.
2. Sri Shyamal Chakraborty S/O Lt. Jyotish Chakraborty, A.D. Nagar, Road No. 8.
PO & PS AD Nagar, District Tripura West, PIN-799003.
Respondent(s)
3. The Union of India Represented by the Secretary to the Department of Labour & Employment, Govt. of India, New Delhi, PIN-110 001.
4. The Secretary, Department of Labour & Employment, Govt. of India, New Delhi, PIN-110 001.
5. The State of Tripura Department of Labour, Government of Tripura, Secretariat Complex, Agartala, District Tripura West, PIN-799006.
Proforma Respondent(s) WP(C) 16 of 2019
1. Tripura Gramin Bank (represented by the Chairman, Tripura Gramin Bank, the petitioner No.2), Head Office at Abhoynagar, Agartala, District: Tripura West, PIN-799005.
Page 6 of 112. The Chairman Head Office at Abhoynagar, Agartala, District:Tripura West, PIN-799005.
Petitioner(s) Versus
1. The Controlling Authority Payment of Gratuity Act, 1972 and the Assistant Labour Commissioner (Central) Silchar, PIN-188004.
2. Sri Radha Mohan Sinha S/O Lt. Rajkumar Sinha Abhoynagar, PO Abhoynagar PS New Capital Complex District Tripura West, PIN 799005.
Respondent(s)
3. The Union of India Represented by the Secretary to the Department of Labour & Employment, Govt. of India, New Delhi, PIN-110 001.
4. The Secretary, Department of Labour & Employment, Govt. of India, New Delhi, PIN-110 001.
5. The State of Tripura Department of Labour, Government of Tripura, Secretariat Complex, Agartala, District Tripura West, PIN-799006.
Proforma Respondent(s) WP(C) 17 of 2019
1. Tripura Gramin Bank (represented by the Chairman, Tripura Gramin Bank, the petitioner No.2), Head Office at Abhoynagar, Agartala, District: Tripura West, PIN-799005.
2. The Chairman Head Office at Abhoynagar, Agartala, District:Tripura West, PIN-799005.
Petitioner(s) Versus
1. The Controlling Authority Payment of Gratuity Act, 1972 and the Assistant Labour Commissioner (Central) Silchar, PIN-188004.
Page 7 of 112. Sri Bibhash Bhattacharjee S/o Lt. Bhupati Bhushan Bhattacharjee Ramnagar Road No.7 (End) PO Ramnagar, PS West Agartala, District Tripura West, PIN 799002.
Respondent(s)
3. The Union of India Represented by the Secretary to the Department of Labour & Employment, Govt. of India, New Delhi, PIN-110 001.
4. The Secretary, Department of Labour & Employment, Govt. of India, New Delhi, PIN-110 001.
5. The State of Tripura Department of Labour, Government of Tripura, Secretariat Complex, Agartala, District Tripura West, PIN-799006.
Proforma Respondent(s) WP(C) 18 of 2019
1. Tripura Gramin Bank (represented by the Chairman, Tripura Gramin Bank, the petitioner No.2), Head Office at Abhoynagar, Agartala, District: Tripura West, PIN-799005.
2. The Chairman Head Office at Abhoynagar, Agartala, District:Tripura West, PIN-799005.
Petitioner(s) Versus
1. The Controlling Authority Payment of Gratuity Act, 1972 and the Assistant Labour Commissioner (Central) Silchar, PIN-188004.
2. Sri Pradip Pal S/o Lt. Nalini Rn. Pal, 21-B, Old Kalibari Road, P.O. Agartala, P.S. West Agartala, District Tripura West, PIN 799001.
Respondent(s)
3. The Union of India Represented by the Secretary to the Department of Labour & Employment, Govt. of India, New Delhi, PIN-110 001.
Page 8 of 114. The Secretary, Department of Labour & Employment, Govt. of India, New Delhi, PIN-110 001.
5. The State of Tripura Department of Labour, Government of Tripura, Secretariat Complex, Agartala, District Tripura West, PIN-799006.
Proforma Respondent(s) WP(C) 19 of 2019
1. Tripura Gramin Bank (represented by the Chairman, Tripura Gramin Bank, the petitioner No.2), Head Office at Abhoynagar, Agartala, District: Tripura West, PIN-799005.
2. The Chairman Head Office at Abhoynagar, Agartala, District:Tripura West, PIN-799005.
Petitioner(s) Versus
1. The Controlling Authority Payment of Gratuity Act, 1972 and the Assistant Labour Commissioner (Central) Silchar, PIN-188004.
2. Sri Prabal Chakraborty S/o Lt. PRafulla Kr. Chakraborty, 33, T.G. Road, Ramnagar, Agartala, PO Ramnagar, P.S. West Agartala, District Tripura West, PIN 799002.
Respondent(s)
3. The Union of India Represented by the Secretary to the Department of Labour & Employment, Govt. of India, New Delhi, PIN-110 001.
4. The Secretary, Department of Labour & Employment, Govt. of India, New Delhi, PIN-110 001.
5. The State of Tripura Department of Labour, Government of Tripura, Secretariat Complex, Agartala, District Tripura West, PIN-799006.
Proforma Respondent(s) Page 9 of 11 For Petitioner(s) : Mr. DR Choudhury, Adv.
Mr. S Pal, Adv.
For Respondent(s) : Mr. H Deb, Asst. SG.
Mr. N Choudhury, GA Mr. DK Biswas, Adv.
HON'BLE MR. JUSTICE ARINDAM LODH Judgment & Order (Oral) 08.04.2019 Heard Mr. DR Choudhury, learned counsel appearing for the petitioner as well as Mr. DK Biswas, learned counsel appearing for the private respondents. Also heard Mr. H Deb, learned Asst. SG appearing for the respondent-Union of India and Mr. N Choudhury, learned GA appearing for the State respondents.
In this bunch of writ petitions, the simple case of the petitioners is that the impugned order dated 14.02.2019 was passed by the statutory authority, namely, the Controlling Authority and Assistant Labour Commissioner (Central) without providing reasonable opportunity of defence/written statement to the petitioners.
Mr. Choudhury, learned counsel further submits that the findings of the Controlling Authority are erroneous and badly suffer from procedural impropriety.
Mr. Biswas, learned counsel for the private respondents, on the contrary, submits that there is a statutory appellate authority for deciding such issues and if any irregularity has been committed by the Controlling Authority, an appeal should have been preferred before the Page 10 of 11 appellate authority and the petitioners should not have approached this Court asking it to invoke its jurisdiction under Article 226 of the Constitution of India.
Having due regard to the submission made by the learned counsel for the parties, this court has given its thoughtful consideration to the issue raised in these writ petitions. I have also perused the impugned order dated 14.02.2019.
Considering the fact that there is a statutory appellate authority, in my opinion, the petitioners should have approached the appellate authority raising all their grievances.
Accordingly, the petitioners are directed to approach the statutory appellate authority and the appellate authority shall decide whether there was any procedural irregularity committed by the Controlling Authority in deciding the issue(s) involved. Further, the appellate authority shall consider whether reasonable opportunity of submitting written statement or otherwise have been allowed to the petitioners or not.
If the appellate authority finds that there was procedural irregularity in deciding the issue or that reasonable opportunity of filing defence/written statement was not allowed to the petitioners, then, the appellate authority shall decide the matter after providing all reasonable opportunities, following the necessary procedure, Page 11 of 11 as per law, keeping in mind the doctrine of fairness, within a period of two months from the date of receipt of this order.
With the above observations and directions, this bunch of writ petitions stand disposed of as indicated above. No order as to costs.
Pending applications, if any, are also disposed of.
JUDGE lodh