Usha Kumari Bhuiya @ Bhuia @ Usha ... vs M/S. Eastern Coalfields Limited & ...
2022 Latest Caselaw 6717 Cal

    06                    IN THE HIGH COURT AT CALCUTTA
19.09.2022

CONSTITUTIONAL WRIT JURISDICTION (PP) Ct 21 APPELLATE SIDE WPA 16856 of 2021

Usha Kumari Bhuiya @ Bhuia @ Usha Bhuiya @ Bhuia Vs.

M/s. Eastern Coalfields Limited & Ors.

Mr. Partha Ghsosh, Mr. Amal Kumar Dutta, Ms. Ria Paul, Mr. Debashis Das Mr. Rahul Agarwala, Ms. Sirmran Sureka .... For the petitioner.

Mr. Manik Das ... For ECL.

Mr. Ghosh, learned counsel appearing for the writ

petitioner states that relying on the report dated July 29,

2022 issued by the Department of Health & Family

Welfare, Government of West Bengal, the age of the writ

petitioner has been determined to be around 42 years.

An exception to the said report was permitted to be

filed by Eastern Coalfields Limited (in short, "ECL").

Mr. Das, learned counsel, appearing on behalf of

ECL submits that his client does not wish to take an

exception to the report.

Mr. Das makes his submissions on the point of

delay defeating the remedy to be granted to the writ

petitioner in cases where the writ petitioner is held to be

liable for laches, waiver and or acquiescence. He cites

various judgments on the aforesaid issue.

Mr. Das is permitted to produce a convenient

compilation of the judgments upon an advance copy

thereof to Mr. Ghosh, learned counsel for the petitioner

and place the same on the next date.

Let the matter appear for further consideration on

November 26, 2022 at 2.00 p.m. under the heading

"Motion".

All parties shall act on the server copies of this

order duly downloaded from the official website of this

Hon'ble Court.

(Lapita Banerji, J.)