Sri Rajat Bhattacharya v. The State of Tripura and 3 others
WP(C)/570/2025 · 2025-09-25
T Amarnath Goud
Writ Petition (Civil)body2025
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[ 2025 DAILYLAW 1972 (TRI) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 1972 (TRI) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF TRIPURA AGARTALA
WP(C) 570 of 2025 Sri Rajat Bhattacharya S/o: Sakti PrasannaBhattacharjee Proprietor of M/S Asha Bricks Construction R/o: Chantail, Kailashahar, Unokoti, Tripura ---Petitioner(s)
Versus
1. The State of Tripura, to be represented by the Secretary, Directorate of Labour, Govt of Tripura, New Secretariat Complex, P.O. Kunjaban-799006, P.S. East Agartala, West Tripura.
2. The Labour Commissioner, Directorate of Labour, Govt of Tripura, 2nd floor, Shrama Bhavan, Office Lane, Agartala, Tripura, Pin: 799001
3. The Registering Officer, The Inter State Migrant Workmen (R.E & C.S) Act, 1979, (Labour Inspector), Kailashahar, Unokoti, Tripura, Pin:799277
4. The Inspector, The Inter State Migrant Workmen (R.E & C.S) Act, 1979, (Labour Inspector), Kailashahar, Unokoti, Tripura, Pin: 799001.
---Respondent(s) For Petitioner(s)
: Mr. P Roy Barman, Sr. Advocate.
Mr. S. Bhattacharjee, Advocate.
Mr. K. Nath, Advocate.
Mr. Dipjyoti Paul, Advocate.
Ms. Aradhita Debbarma, Advocate. For Respondent(s) : Mr. P. Gautam, Sr. GA.
HON’BLE JUSTICE DR. T. AMARNATH GOUD
Order 25.09.2025 [1]
This is a petition under Article 226 of the Constitution of India for seeking the following relief(s): (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 dispose off the Appeal, dated, 4.8.2025 which was preferred by the Petitioner for quashing and cancelling the Order dated 22.02.2025,passed by the Registering Officer, The ISMW (R.E & C.S) At 1979 Kailasahar, Unokoti, Tripura by which the registration, dated 11.10.24 of the establishment namely M/S Asha Bricks Constructions Chantail, Kailashahar, Unokoti, Tripura, has been revoked. (ii) 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 directing the Respondents for quashing and cancelling the Order, dated, 22.05.2025, issued by the Registering Officer, The ISMW(R.E &C.S) Act, 1979, Kailashahar, Unokoti, Tripura. (iii) Make the rules absolute. (iv) Call for records. (v) Pass any further order/orders as this Hon'ble High Court considered fit and proper.
[2]
It is the case of the petitioner that the impugned order dated 22.05.2025 has been passed without affording him a fair and reasonable opportunity of hearing, thereby violating the principles of natural justice. The petitioner submits that he has at all times complied with the provisions of the Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979, and has duly cooperated with the authorities during inspections and proceedings. The abrupt and arbitrary suspension of the establishment’s operations, without considering the genuine hardships faced by the petitioner and the daily-wage migrant labourers dependent upon the enterprise, is unjust and contrary to law. [3]
Finding no response to his representations, the petitioner preferred Writ Petition being WP(C) No. 404/2025 before this Court, seeking quashing of the
order dated 22.05.2025 issued by the Registering Officer under the ISMW (R.E. & C.S.) Act, 1979, Kailashahar, Unokoti, Tripura. This Court, by order dated 24.07.2025, directed the petitioner to approach the Appellate Authority under the statute within one month, and also directed the respondents to consider such appeal. [4]
Pursuant thereto, the petitioner, by letter dated 04.08.2025, approached the Appellate Authority (respondent No. 2) seeking quashing of the
order dated 22.05.2025. However, the appeal was kept pending. The petitioner again, by letter dated 01.09.2025, requested the Appellate Authority for early disposal of the appeal, as the prolonged pendency is causing severe financial loss and mental agony. [5]
Since the respondents have not taken any steps on the petitioner’s request, he has approached this Court by way of the instant writ petition. [6]
Without entering into the merits of the case, and as the appeal is pending before the Appellate Authority, this writ petition is disposed of with a direction to the respondents to decide the pending appeal as expeditiously as possible, preferably within a period of two months from the date of receipt of a copy of this order. [7]
With the above observation and direction, this present writ petition stands disposed of. As a sequel, stay, if any, stands vacated. Pending application(s), if any, also stands closed.
JUDGE
Dipak DIPAK DAS Digitally signed by DIPAK DAS Date: 2025.09.26 12:59:37 +05'30'