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Calcutta High Court (Appellete Side)

Srikanta Gorai vs Union Of India & Ors on 11 August, 2015

Author: Biswanath Somadder

Bench: Biswanath Somadder

                                       1



11.08.2015
   (PP)
                         W. P. No.17527 (W) of 2015

                             Srikanta Gorai
                                   Vs.
                           Union of India & Ors.


                    Mr. Sariful Islam Mullick
                                             ....for the petitioner.

                    Mr. Sanjib Kr. Ghosh
                                                ....for Union of India.



                   Affidavit of service filed in Court today be kept on record.

                   In spite of service of notice, the answering respondent,

namely, the Eastern Coalfields Limited remains unrepresented even at the time of second call.

The subject matter of challenge in the instant writ petition is the decision rendered by the concerned authority of Eastern Coalfields Limited on 8th April, 2015, purportedly in compliance with this Court's order dated 4th March, 2015, passed in W. P. 19902 (W) of 2014.

In the said decision, it has been stated, inter alia, that the petitioner got ownership of the land, which was offered for employment, after the date of use of the same by Eastern Coalfields Limited. A table has also been provided in this regard by the concerned authority of Eastern Coalfields Limited in the 2 decision rendered on 8th April, 2015. It is quite evident that the petitioner, in effect, is questioning the factual correctness of the table on the basis of which the concerned authority of Eastern Coalfields Limited has come to the conclusion that the claim of the petitioner for employment against the land-in-question was not sustainable under the prevailing norms of the company.

The writ Court is not the competent forum for the purpose of adjudication of the factual correctness of what has been stated by the concerned authority of Eastern Coalfields Limited, as contained in its decision dated 8th April, 2015. The same requires to be adjudicated upon before an appropriate forum, in accordance with law.

As such, this writ petition is disposed of with liberty to the petitioner to approach an appropriate forum seeking redressal of his grievances, in accordance with law.

Urgent photostat certified copy of this order, if applied for, be given to the learned advocates for the parties.

(Biswanath Somadder, J.)