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2025 Supreme(Manipur) 32
IN THE HIGH COURT OF MANIPUR AT IMPHAL
A. GUNESHWAR SHARMA, J.
Valley and Hills Labour Group & 6 Ors. - Petitioners
Versus
Manipur Building and Other Construction Workers Welfare Board & 2 Ors. - Respondents
WP(C) No. 248 of 2024 MC(WP(C)) No. 209 of 2024
Decided on : 30-04-2025
Natural justice principles mandate a reasoned decision on pending representations by administrative bodies, ensuring fairness in administrative actions.
Headnote:(A) Relevant laws - Natural Justice Principles - Petitioners challenge cancellation of financial assistance for education of children by the Board - Writ petition granted to direct reconsideration of the representation pending with the Secretary. (Paras 3-8)
Facts of the case:
Petition by Valley and Hills Labour Group and its members seeking to quash notification cancelling educational financial assistance for certain years due to pending representation with the Secretary.
Findings of Court:
The Court directed the respondent to consider and dispose of the representation within three months, emphasizing natural justice without expressing any opinion on merits.
Issues: Whether the cancellation of financial assistance was justified and the obligation of the Board in processing the petitioner's representation.
Ratio Decidendi: The court emphasized the need for a reasoned decision on pending representations to uphold principles of natural justice.
Result: Writ petition disposed of as directed.
| Table of Content |
|---|
| 1. petitioners sought to contest financial assistance cancellation. (Para 2 , 3) |
| 2. pending representation referred to secretary. (Para 4) |
| 3. petitioners request timely disposal of representation. (Para 5 , 6) |
| 4. court directs timely response on representation. (Para 7 , 8) |
| 5. order issued; case disposed of. (Para 9 , 10) |
ORDER :
A. GUNESHWAR SHARMA, J.
[1] Heard Mr. Khaidem Mani, learned senior counsel assisted by Mr. K. Chingkhei, learned counsel for the petitioners and Mr. H. Debendra, learned Dy. Advocate General assisted by Ms. I. Sharmila, learned junior Government counsel on behalf of the respondents.
[2] The petitioner No. 1, Valley and Hills Labour Group, is a conglomeration of 16 and now 18 registered voluntary Trade Union/Societies of Building and Other Construction Workers Union and petitioner Nos. 2 to 7 are its members.
[3] By the present petition, the petitioners are inter alia praying for setting aside the Notification dated 05-10-2021 issued by the Secretary, Manipur Building and Other Construction Workers’ Welfare Board, Manipur where financial assistance for education of children of beneficiary for the year 2018-2019, 2019-2020 and 2020-2021 was cancelled. The prayers are reproduced as follows:—
“In view of the premises state above, it is therefore prayed that your Lordships may graciously be pleased:–
(i) to admit this writ petition and issue rule Nisi;
(ii) to quash the Notification dated 5th October, 2021 issued by the Secretary, Manipur Building and Other Construction Workers’ Welfare Board, Manipur;
(iii) to give direction to Respondents to pay the financial benefits of the Petitioners’ Union;
(iv) to give direction to the Respondents not to process the above mentioned benefits in any other person’s name unless and until the present petition is being disposed of;
(v) issue any other appropriate order or direction which the Hon’ble Court deems fit and proper in the facts and circumstances of the case.
AND – –
In the interim, a direction may be given to the Respondents to consider and dispose of the representation/memorandum dated 22nd November, 2022 along with the forwarding letter of the Deputy Secretary to the Secretary, MBOCWWB, Manipur, by passing reason and speaking order within a specified time in the interest of natural justice.
[4] It is stated that petitioner No. 1 has submitted a representation/ memorandum dated 22-11-2022 to the Chief Minister of Manipur to pay the beneficiaries of the Construction Workers and to take action regarding other demand. Vide letter dated 15-12-2022, the Deputy Secretary (Skills, Lab, Emp & Entr), Government of Manipur referred the representation submitted by petitioner No. 1 to the Secretary, MBOCWWB, Manipur for reconsideration. However, the representation is still pending with the Secretary, MBOCWWB, Manipur, respondent No. 3 herein.
[5] Mr. Khaidem Mani, learned senior counsel for the petitioners, submits that the writ petition may be disposed of by directing respondent No. 3 to dispose of the representation dated 22-11-2022 submitted by petitioner No. 1 within a stipulated time.
[6] Mr. H. Debendra, learned Dy. Advocate General for the respondents, submits that this Court may pass an innocuous direction.
[7] Recording the submissions made at the Bar with the alternate prayer of disposing of the pending representation, the writ petition is disposed of by directing respondent No. 3 to consider and pass a speaking order to the representation dated 22-11-2022 submitted by the petitioner No. 1 within a period of three months from the date of receipt of a copy of this order.
[8] It is made clear that this Court does not express any opinion on the merit of the case.
[9] Furnish a copy of this order to the learned counsel appearing for the parties.
[10] MC(WP(C)) No. 209 of 2024 is also disposed of.
