Adya Prasad Banerjee vs The Board Of Trustees For The Port ...
2023 Latest Caselaw 7026 Cal

11.10.2023                      IN THE HIGH COURT AT CALCUTTA
  Ct. No.23                     CONSTITUTIONAL WRIT JURISDICTION
  Sl. No.1                     APPELLATE SIDE
  NAREN                   ,,




                                      WPA 20600 OF 2018


                              Adya Prasad Banerjee.
                                        Vs.
               The Board of Trustees for the Port of Kolkata & Ors.


                     Ms. Ananya Neogi,
                     Ms. Soma Chakraborty,
                     Mr. Guddu Singh                      ... For the
                     petitioner.

                     Mr. Brotindro Mullick,
                     Mr. Jayak Gupta,
                     Ms. Ankita Halder,
                     Ms. Poulomi Paul Maity ... For the respondents.

The matter was listed for delivering the judgment.

At the time of preparing the judgment, this Court noticed

that several judgments, which has brought on substantial

change in legal views to be considered for addressing the

issues involved in this writ petition have not been cited at

the bar. The petitioner has cited only two judgment

reported in 1987 (2) Supreme Court Cases 188 (Brij

Mohan Singh Chopra Vs. State of Punjab) and (2009)

15 Supreme Court Cases 221 (Madhya Pradesh State

Cooperative Dairy Federation Limited and Anr. Vs.

Rajnesh Kumar Jamindar and Others). The

respondent has cited a judgment reported in 2013 (10)

Supreme Court Cases 551 (Rajasthan State Road

Transport Corporation and Others Vs. Babu Lal

Jangir). The ratio laid down in these judgments have

undergone a sea-change in view of the following

judgments:-

'1. (1992) 2 Supreme Court Cases 299 [Baikuntha Nath Das and Another Vs. Chief District Medical Officer, Baripada and Another],

2. (2009) 13 Supreme Court Cases 758 (Swaran Singh Chand Vs. Punjab State Electricity Board and Others),

3. (2022) 5 Supreme Court Cases 100 (Central Industrial Security Force Vs. HC (GD) Om Prakash), and

4. 2023 SCC OnLine SC 234 (Captain Pramod Kumar Bajaj Vs. Union of India and Another).'

The parties shall consider the respective

judgments cited by them in the light of the aforesaid

judgments so that the matter can be disposed of more

effectively.

By consent of parties, the matter is directed to

appear in the list on 17 th November, 2023 under the

heading "For Orders".

(Arindam Mukherjee, J.)