- (1.) There is a delay of 175 days in filing the appeal. An application being C.A.N. 3315 of 2013 has been filed for condonation of the delay under section 5 of the Limitation Act. The application is not opposed by the respondents. Delay is condoned. The application is allowed. The petitioners filed the writ application against the decision of the Municipality denying permanent status to the petitioners on and from their date of joining. Basing on the tripartite agreement they were confirmed as permanent employee in Group 'C' category on and from 1st February, 1994 along with they joined in services in the year 1990.
(2.) The petitioners also relied upon a Government Memo dated 10th March, 1996 which gave right that casual workers who were engaged in different Municipalities after 31st December, 1991 would be eligible for absorption in the duly sanctioned vacant Group 'C posts within the approved stalling patterns of the Municipalities concerned strictly on the basis of seniority and with prior approval of the Board of Councilors subject to the fulfilment of other terms and conditions laid down under the Labour Department Memo dated 13th March, 1996 read with Memo Nos. 1700 EMP of 3rd August, 1979 and 1650 EMP dated 28th August, 1980. It was the stand of the Municipality that relief should be given to the petitioners only with effect from 10th March, 1996 not before it.
(3.) After hearing the learned counsel for the parties, the Single Bench has directed that permanent status be given with effect from 10th March, 1996 and pay of arrears, if any, be also paid to them. Aggrieved thereby, the Intra Court Appeal has been preferred by the State of West Bengal.;