ANIRUDDHA ROY,J. - (1.) The instant appeal impugns the judgment and order dated September 27, 2019 passed by the Hon'ble Single Bench in W.P. No. 32861(W) of 2014 (Bimal Chandra Roy and Ors. -versus- The State of West Bengal and Ors.) (for short, the writ petition), whereunder the writ petition filed by the private respondents was allowed by directing the first appellant to consider the regularization of service of the second writ petitioner, being the second respondent herein w.e.f. his date of appointment, i.e. December 29, 2003 on notional basis without any monetary benefit but by taking the pensionary benefit and the said second respondent herein was directed to be given the service benefit as of a permanent employee from the date of his regularization. Though there were five individuals who filed the said writ petition but the direction was made only in respect of the second writ petitioner being the second respondent herein, which was impugned in this appeal and as such the second respondent herein had contested the appeal. It appears to this Court that only the second respondent had pursued his remedy in the said Original Application before the Tribunal. Before this Court also the second respondent had defended the present writ petition. Hence, this Court proceeds with the present writ petition accordingly.
(2.) The second writ petitioner being the second respondent herein was engaged provisionally as Driver-cum-Conductor-Mechanic (for short, the said post) on daily wages basis by the first respondent Corporation (for short, the said Corporation). The second respondent was engaged on December 29, 2003 and is still continuing in service. From the appointment letter of the second respondent dated November 6, 2003 issued on December 11, 2003 by the fourth appellant, it appears that the appointment was on a contractual and provisional basis. The relevant Clauses of the said appointment letter are, inter alia, set out herein below:- '2. This engagement on contract is purely on adhoc extra temporary day to day 'No work no pay' basis depending upon day to day requirement on crew-cum-mechanic at the depot assigned to you and you would be required to report daily for duty to the depot authority of assigned depot on your own volition in any shift as per duty schedule. 6. For days of your engagement as Driver-cum-Mechanic, you would be paid wages @ Rs.100/- only per day in any shift for a period of 8.5. hours including tiffin of half an hour. 8. As adhoc extra temporary worker, you would have no claim for permanent absorption in service in the Corporation and the Corporation/the depot authority any strike out your name from the panels without assigning any reason and without any notice at any moment during the period of contract. 9. Your empanelment on contract basis will be valid initially for one which year which may be extended upto 7 (seven) years with option from further extension for 2(two) years more years i.e. upto 9(nine) years only subject to their satisfactory performance of duty. 12. You would be allowed one day of the rest at the end of continuous 6(six) days duty on 'No work no pay' basis'
(3.) Prior to filing of the said writ petition, in which the order impugned was passed, all the writ petitioners had filed two writ petitions namely, W.P. 19515(W) of 2013 and W.P. 19517(W) of 2013, claiming their permanent absorption/regularisation on the ground that they had worked for 720 days being 240 days per year for 3 years. The two writ petitions were disposed of by directing the second appellant to consider the desirability of absorbing the writ petitioners in regular service within 3 (three) months. Pursuant to and in terms of the said directions the second appellant had decided the issue by its decision dated October 25, 2013 rejecting the claim of the writ petitioners for their permanent absorption.;