Gd/Ssd Kolkata Port Trust And Ors vs Sri Prabir Kumar Dhali And Ors
2021 Latest Caselaw 6558 Cal

28   22.12.2021                     MAT 554 OF 2021
                                   IA NO: CAN/1/2021
                                   IA NO: CAN/2/2021
     gd/ssd                 KOLKATA PORT TRUST AND ORS.
                                            VS
                         SRI PRABIR KUMAR DHALI AND ORS.
                                (Through Video Conference)
                        Mr. Tilak Kumar Bose,
                        Mr. Anirban Ray,
                        Mr. Ashok Kumar Jena
                                         ..for the Appellants.

                        Mr. Saptarshi Banerjee,
                        Mr. Satadru Lahiri
                                    ..for the Respondent Nos.1 to 5.

Mr. Mainak Ganguly ..for the Respondent No.11.

Heard on CAN 2 of 2021 which is an application

filed by the Kolkta Port Trust and its Chairman and

Director, Merine Department seeking three alternate

interim prayers.

The submission of learned counsel for the

applicant is that the learned Single Judge by order

dated 7th of April, 2021 had stayed the judgment for a

period of 30 days. But the Division Bench by the

subsequent order dated 5th of May, 2021 had extended

the order of stay with a further interim direction that

the appellate authority will not take any steps for

enforcement of the trade notice dated 10th of July, 2018

which includes disciplinary proceedings against the

employees, until further orders. He submits that either

there should be only the stay of the order of the learned

Single Judge or the writ petitioners/employees only

should be protected by the said order and not all the

employees as some of the employees are misusing that

order.

Having regard to the controversy involved in the

matter, we are of the opinion that in stead of modifying

the order, which is continuing since May, 2021, the

appeal itself, should be heard finally on merits.

Hence, we dispose of CAN 2 of 2021 by directing

that the impugned order continuing as on today will

continue to operate till 31st of January, 2022 or till the

final order in this appeal is passed, whichever is earlier.

Counsel for the appellants is permitted to place

on record the subsequent resolution of the Board of

Directors,

An objection in this regard has been raised by the

learned counsel for the respondent nos.1 to 5, but

having regard to the relevance of the resolution of Board

of Directors pointed out by the learned counsel for the

appellants, the objection is overruled and the prayer for

placing the resolution on record is granted.

List on 13th of January, 2022.

(Prakash Shrivastava, C.J.)

(Rajarshi Bharadwaj, J.)

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