OD-1
ORDER SHEET
APO/85/2022
IN THE HIGH COURT AT CALCUTTA
Civil Appellate Jurisdiction
ORIGINAL SIDE
TATA STEEL LIMITED
-VS-
UNION OF INDIA AND ORS
BEFORE:
The Hon'ble JUSTICE CHITTA RANJAN DASH
The Hon'ble JUSTICE PARTHA SARATHI SEN Date : January 3, 2023.
Appearance:
Mr. Ratnanko Banerji, Sr. Adv.
Ms. Vineeta Meharia, Adv.
Mr. Jaydeb Ghorai, Adv.
Mr. Diptesh Ghorai, Adv.
...for the appellant Mr. Asok Kr. Chakraborty, Ld. Addl. Solicitor General Mr. Sailendra Kumar Tiwari, Adv.
...for UOI Mr. Debajyoti Dutta, Adv.
Ms. Supriya Dubey, Adv.
...for JPC The Court: Heard Mr. Ratnanko Banerji, learned counsel for the appellant and Mr. Asok Kr. Chakraborty, learned Additional Solicitor General.
Perused the impugned judgment wherein in paragraph 84 Hon'ble Single Judge has directed the present appellant to file a representation before the appropriate authority of the Union of India for redressal of his grievance. 2
From the argument advanced at the Bar, it is clear that the appellant is aggrieved by the observation of Hon'ble Single Judge made in paragraph 83 of the impugned judgment.
When Hon'ble Single Judge after considering the matter at length has directed the appellant to approach appropriate authority of the Union of India, we do not want to stand in between. We want that the appropriate authority of the Union of India should take a decision on merit without being influenced by the observation made by Hon'ble Single Judge in paragraph 83 of the impugned judgment within three months from the date of communication of this order or receipt of copy of this order. For the said purpose and to clear the confusion in the mind of the authority concerned, we keep paragraph 83 of the order in abeyance for the time being.
It is made clear that if no order is passed in favour of the appellant by the authority concerned, the appellant shall have the liberty to move the appropriate forum for redressal of his grievance in the event of arising of new cause of action.
With the aforesaid observations, the appeal is disposed of. There shall be no order as to costs.
(CHITTA RANJAN DASH, J.) (PARTHA SARATHI SEN, J.) sp3