HON’BLE JUSTICE MR. KALIDAS MUKHERJEE, PRESIDENT

This Transfer Application has been filed by the Petitioner/Complainant praying for transfer of the case bearing no.CC 327 of 2016 from Kolkata, Unit-I to Kolkata, Unit-II.

The Learned Counsel for the Complainant/Petitioner has submitted that the complaint was filed before the Learned District Forum, Kolkata, Unit-I and it was pending at the stage of hearing on admission.  It is submitted that the Learned District Forum expressed views that complaint case regarding payment of gratuity was not maintainable before the District Forum.  The Learned Counsel has submitted the decision of the Hon'ble National Commission reported in I (2008) CPJ 219 (NC) [Venkatesh & Ors. vs. Viswanath & Ors.] and the decision of this Commission case no.FA 266 of 2009 dated 16/11/09 [The Ganges Manufacturing Co. Ltd. vs. Noor Hosain of Old Line Quarter]; SC case no.FA 118 of 2010 decided on 28/06/10 [Chief Executive (Works) vs. Shanti Debi].  The Learned Counsel submits that the case relating to payment of gratuity against the OP Company was maintainable and in the context of the views expressed by the Learned District Forum, Kolkata, Unit-I, the Transfer Application has been filed. 

We have heard the submission made by the Learned Counsel and perused the papers on record.  It appears that the Learned District Forum vide order no.3 dated 21/09/16 adjourned the hearing on admission on the prayer of the Learned Advocate for the Complainant.  Evidently, no order as to admission was passed by the Learned District Forum.  Since the complaint case is still pending at the stage of hearing on admission and the Complainant has the scope to make submission before the Learned District Forum, we are not inclined to allow the Transfer Application.

The Transfer Application is dismissed.