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2026 DAILYLAW 48623 (CAL)

CALCUTTA RESCUE AND ORS v. THE STATE OF WEST BENGAL AND ORS

WPO/476/2026 · 2026-10-08

Shampa Dutt Paul

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

OD-2 WPO/476/2026 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE CALCUTTA RESCUE AND ORS. -VERSUS- THE STATE OF WEST BENGAL AND ORS. BEFORE: The Hon'ble JUSTICE SHAMPA DUTT (PAUL) Date : 8th October, 2026. Appearance: Mr. Subham Chatterjee, Adv. Mr. Rajib Mullick, Adv. ...for the petitioner. Dr. N. G. Khaitan, Adv. Mr. Tarun Kumar Das, Adv. Mr. Abhishek Kabir, Adv. ...for the respondent. The Court: Affidavit of service filed in Court today be taken on record. The writ application has been preferred being aggrieved by an order dated 24th June, 2026 passed by the learned Referee, EL & MW Section, Labour Commissionerate, Kolkata in case No.66-P/2025. Learned Advocate appearing for the respondent has relied upon Section 14((6)(a) of the West Bengal Shops & Establishments Act, 1963 and submits that an appeal lies from the impugned order and, as such, the writ application is not maintainable. 2 Learned Counsel appearing for the petitioner submits that the said provision is applicable in respect of a matter being finally decided and not against an interim order. It appears that vide the impugned order, the learned Referee has dismissed/rejected an application preferred by the petitioner herein. As such, the impugned order is an appealable order and this Court is not inclined to entertain the writ application. The petitioner will, however, be at liberty to approach the Appellate Forum. WPO/476/2026 stands disposed of. Urgent certified Photostat copy of this order, if applied for, be supplied to the parties upon compliance of all requisite legal formalities. (SHAMPA DUTT (PAUL), J.) A.Sadhukhan