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Judgment
H.S. Thangkhiew, J
Heard Mr. K.Paul, learned Sr. counsel assisted by Mr. S.Chanda, learned counsel for the petitioner.
The writ petitioner before this Court is assailing the impugned letter dated 13-05-2022 which had been issued by respondent No. 2. (The Secretary to the Govt. of Meghalaya, Labour Department & Enquiry Officer), whereby the petitioner had been asked to appear in person before respondent No. 2 in connection with a complaint that has been made before the Meghalaya Human Rights Commission against M/s R.N.B. Cement Pvt. Ltd. It is the case of the petitioner that they are no longer associated with the company and the control and management has since been divested from him.
It is further submitted that on 30-05-2022, the petitioner had appeared before respondent 2 and had also tried to clarify the matter but the same was not accepted and he had been directed to appear again on 03-06-2022. Learned Sr. counsel for the petitioner submits that the entire proceedings of the respondents is without justification and petitioner is compelled to approach this Court in view of the repeated directions issued by the respondents.
Mr. N.D.Chullai, learned AAG assisted by Mr. A.H.Kharwanlang, learned GA for the respondents submits that the petitioner has not even impugned the order of the Meghalaya Human Rights Commission dated 08-03-2022, wherein an order has been passed on the said complaint and submits that the matter is premature and not maintainable before this Court.
Looking into the facts and circumstances of the case, it is however deemed fit if the petitioner is permitted to file an appropriate application before the Meghalaya Human Rights Commission bringing on record all the facts and events that had happened with regard to the NCLT proceedings and the fact that he has been divested from all powers and control of the said company. The said petition shall be filed within a week and till such time appropriate orders are passed by the Meghalaya Human Rights Commission, the proceedings before Labour Commissioner shall remain suspended.
With the above directions, matter stands closed and disposed of.