JUDGEMENT
Ganguly, J. -
(1.) This appeal has been filed by the West Bengal Power
Development Corporation Limited (hereinafter referred to as the said
Corporation) and its Officers against a Judgment and Order dated 7th April,
1999 passed by a learned Judge of the Writ Court. By the said Judgment
and Order, the learned Judge, after hearing the parties, was pleased to
dispose of the Writ Application filed by several persons, who have been
working as Deep Tube Well Pump Operators with the said Corporation since
1980.
(2.) In the said Judgment and Order under appeal, the learned Judge
disposed of the Writ Application by giving two directions. By the first direction,
the writ petitioners were given liberty to apply to the appropriate authority
under Contract Labour Regulation and Abolition Act, 1970 (hereinafter
referred to as the said Act) for determination of the question whether the
nature of work performed by the petitioners is perennial in nature and also
for grant of appropriate reliefs. The learned Judge gave a further direction
upon the said Corporation to pay to the writ petitioners as also the
respondent Nos. 10 & 11 the minimum rate of wages, which are payable to
the regular employees, who are engaged as Pump Operators of the said
Corporation with effect from 1st April, 1979.
(3.) The learned Counsel appearing for the appellant/Corporation
submitted that he has no grievance with the first'direction, which has been
given by the learned Judge of the Writ Court enabling the writ petitioners to
apply to the appropriate authorities under the said Act for determination of
the question of perennial nature of work performed by them. But, in so far
as the second direction is concerned, according to the learned Counsel,
the same cannot be granted in view of the facts and circumstances of this
case.;
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