Kc Fis Payment Solutions And ... vs The Assistant Labour ...
2021 Latest Caselaw 516 Cal

    14                              WPA 11 of 2021
22.01.2021
   KC                 FIS Payment Solutions and Services India Pvt. Ltd.
                                             Vs.
                    The Assistant Labour Commissioner (Central)-II & Ors.


             Mr.   Soumya Majumdar
             Mr.   Jeevan Ballav Panda
             Mr.   Rishav Dutt
             Mr.   Soumalya Ganguli
             Mr.   Sourav Roy.
                     ... for the petitioner.

             Mr. R. Guha Thakurta.
                   ... for the respondent no. 4.

Mr. Abhishek Banerjee Mr. Joydip Banerjee Ms. Parna Roy Chowdhury.

... for the respondent no. 5.

An affidavit-of-service filed in Court today be

kept on record.

Learned advocate for the sub-contractor

submits that there is suppression of material fact and

there is alternative remedy and that is why the writ

petition is not maintainable here.

Learned advocate for the contractor, who has

been held liable to pay the gratuity, submits that because

of divergent opinion of different Courts, this matter

requires hearing before taking a decision.

After hearing submissions of the appearing

parties, I make it clear that I will first decide the question

of maintainability as has been raised by the respondents.

If I decide that it is a maintainable writ petition, then I

will go to other question as has been raised today. But in

the meantime, I request the learned advocates appearing

today to exchange amongst themselves the citations of

judgments on which they will rely upon at the time of

hearing.

By consent of the appearing parties, this

matter is fixed on 25th January, 2021 when it will be taken

up at 2.00 P.M.

(Abhijit Gangopadhyay, J.)