WEST BENGAL POWER DEVELOPMENT CORPORATION LTD Vs. ASIS DEY CHOWDHURY
LAWS(CAL)-2004-12-39
HIGH COURT OF CALCUTTA
Decided on December 14,2004

WEST BENGAL POWER DEVELOPMENT CORPORATION LTD. Appellant
VERSUS
ASIS DEY CHOWDHURY Respondents

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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