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2025 DAILYLAW 18318 (GAU)

ANIRBAN BHOWAL v. THE SECRETARY, MINISTRY OF LABOUR AND EMPLOYMENT, GOVERNMENT OF INDIA AND 2 ORS

WP(C)/5152/2025 · 2025-09-17

Soumitra Saikia

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/4 GAHC010191282025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/5152/2025 ANIRBAN BHOWAL SON OF LATE DILIP BHOWAL, FORMERLY CUSTOMER SERVICE ASSOCIATE, CANARA BANK, DHUBRI BRANCH, CURRENTLY RESIDING AT PRATYUSHA APARTMENT, SADHAK RAM PRASAD SARANI, DESHBANDHUPARA, WARD NO 29, DISTRICT- DARJEELING, WEST BENGAL-734004 VERSUS THE SECRETARY, MINISTRY OF LABOUR AND EMPLOYMENT, GOVERNMENT OF INDIA AND 2 ORS SHRAM SHAKTI BHAWAN, RAFI MARG, NEW DELHI-110001 2:THE ASSISTANT LABOUR COMMISSIONER (CENTRAL) OFFICE OF THE DY. CHIEF LABOUR COMMISSIONER (C). KENDRIYA SHRAM SADAN R.K. MISSION ROAD BIRUBARI GUWAHATI-781016 3:SAMADHAAN PORTAL THROUGH THE MINISTRY OF LABOUR AND EMPLOYMENT GOVERNMENT OF INDIA SHRAM SHAKTI BHAWAN RAFI MARG NEW DELHI-11000 Advocate for the Petitioner : DR. P AGARWAL, MS. S NATH Advocate for the Respondent : DY.S.G.I., Page No.# 2/4 BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA ORDER 18.09 .2025 Heard Dr. P. Agarwal, learned counsel for the petitioner. Also heard Mr. R.K.D. Choudhury, learned DSGI for the respondents. This writ petition has been filed by the petitioner who was serving as a Customer Service Associate in the Canara Bank at Dhubri Branch. Pursuant to the disciplinary proceeding initiated against the petitioner, the petitioner was removed from his service. Being aggrieved the petitioner has preferred an appeal before the Appellate Authority under the Regulation 14 of the Canara Bank Service Code, wherein the personal hearing was held on 24.07.2024 and the said appeal subsequently, came to be dismissed by the Bank. Thereafter, the petitioner filed a complaint dated 25.02.2025 on the “Samadhaan” portal seeking redressal of his removal from the service. The said grievance was duly registered and acknowledged by the Office of the Assistant Labour Commissioner (Central), Office of the Dy. Chief Labour Commissioner (C), Kendriya Shram Sadan, R.K. Mission Road, Guwahati. On the basis of the complaint respond was sought for from the bank. Pursuant to raising complaint since no order was passed the petitioner being aggrieved has approached this Court. This Court by earlier order dated 05.09.2025 permitted the learned counsel for the respondents to obtain the instructions as regards the reason for not uploading the disposal order of the petitioner’s application being Application Page No.# 3/4 ID No.300113266 dated 25.02.2025 in the “Samadhan” portal. Today when the matter is listed, the learned counsel for the respondents has placed before the Court the instructions received from the respondent No.2. In terms of the instructions, it is submitted that the complaint has been disposed of by the concerned department and the same has also been uploaded in the web portal and an extract of the page showing the disposal of the complaint as reflected on the portal is also placed before the Court. The learned DSGI appearing for the Union respondents submits that the petitioner has preferred a general complaint making allegations against the dismissal of his service by the bank and no industrial dispute was raised. Therefore, the complaint was disposed of, since in the complaint there was no industrial dispute was raised as required under the provision of the Industrial Disputes Act, 1947. The learned DSGI further submits that it is still open for the petitioner to file appropriate application raising appropriate dispute, if the petitioner continues to be aggrieved under the provision of the Industrial Disputes Act, 1947. The learned counsel for the petitioner does not object to the submissions made by the learned DSGI and is agreeable to file such an application. Accordingly, in that view of the matter, the writ petition stands closed. The petitioner is permitted to file appropriate application before the respondent No.2 Page No.# 4/4 raising an industrial dispute, if so advised. In the event the petitioner seeks to raise such a dispute in terms of the provisions of the Industrial Disputes Act, 1947 by filing such an application, then the respondent No.2 will expeditiously register the dispute and proceed to consider such petition/application filed in terms of the provisions of the Industrial Disputes Act, 1947 and pass appropriate order thereon. In terms of the above, this matter is accordingly disposed of. JUDGE Comparing Assistant