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2025 DAILYLAW 1022 (TRI)

Sri Rajat Bhattacharjee v. The State of Tripura and 3 others

WP(C)/404/2025 · 2025-07-24

T Amarnath Goud

Writ Petition (Civil)body2025

Judgment text

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HIGH COURT OF TRIPURA AGARTALA WP(C) No. 404 of 2025 Sri Rajat Bhattacharjee ………Petitioner(s) Versus The State of Tripura & Ors. ……..Respondent(s) For Petitioner(s) : Ms. A. Debbarma, Advocate. For Respondent(s) : Mr. Kohinoor N. Bhattacharyya, G.A. HON’BLE JUSTICE DR. T. AMARNATH GOUD ORDER 24.07.2025 [1] Heard learned counsel appearing for the respective parties. [2] This present petition has been filed under Article 226 of the Constitution of India seeking the following reliefs:- “i) . Issue Rule upon the Respondents to show cause as to why a Writ in the nature of Mandamus and/or any other order/orders shall not be issued whereby directing the Respondents to restore the registration in favour of M/S Asha Bricks Constructions, so that, the Petitioner can resume his work and restore the livelihood of the migrant workers working under /S Asha Bricks Constructions. ii. Make the rules absolute. iii. Call for record.” [3] It is observed that the petitioner has not chosen to file any explanation with regard to the order dated 06.12.2024 within the prescribed period of time. The petitioner herein filed a representation for consideration of his case and the same is to be considered is not recognized under any law. Once an order is passed, the only remedy available to the petitioner is to challenge the same before the appropriate forum or Court of law. However, the petitioner herein, if advised may prefer an appeal under Section 11 of the Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service ) Act 1979, before the appellate authority and the appellate authority can condone the period of delay by computing the same from the date of passing of this order. [4] Since, the petitioner is having effective remedy of filing an appeal and in view of the disputed questions of fact with regard to verifying the persons, theirs records and other requirement, the industry needs to be appreciated. At this juncture, this Court feels that it cannot go into the same under Article 226 of the Constitution of India. [5] Therefore, this Court is of the view that it is a fit case for the petitioner to approach the appellate authority under the statute and thus, this writ petitions is not maintainable and accordingly, the same is dismissed. However, liberty is given to the petitioner if so advised to approach the appellate authority under this aforesaid statute within a period of one month from today and the appellate authority would consider the same in accordance with law and on merits. Page 3 of 3 With the above observation and direction, this present writ petition stands dismissed. As a sequel, miscellaneous application(s), pending if any, shall stand closed. JUDGE Paritosh SABYASAC HI GHOSH Digitally signed by SABYASACHI GHOSH Date: 2025.07.29 17:21:03 +05'30'