PATIT PABAN GHOSH & ORS. Vs. DIRECTOR OF FISHERIES, WEST BENGAL & ORS.
HIGH COURT OF CALCUTTA
Patit Paban Ghosh And Ors.
Director Of Fisheries, West Bengal And Ors.
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A.K. Dutta, J. -
(1.)By this Writ Application under Article 226 of the Constitution of India the 24 Writ Petitioners herein (hereinafter referred to as Petitioners) have prayed the Court for issue of a Writ of Mandamus commanding the respondents to do their public duties in accordance with law and to forbear from terminating the services of the petitioners working as Labourers at Krishnagar Fish Seed Farm under the Directorate of Fisheries, West Bengal", and for a direction upon them to regularise their (Petitioners') services with the scale of pay applicable to the regular employees, along with the other relies prayed for therein, for the reasons stated and on the grounds made out therein. The Petitioners contend that they were appointed daily labourers under the Farm Manager, Krishnagar Fish Seed Farm, Nadia, 12 of them in the year 1983 and the remaining 12 appointed in the year 1984, with the approval of the Director of Fisheries, West Bengal. They have been engaged for day to day work on temporary basis in connection with fisheries works like Guarding, Netting. Manuring, Feeding and other requisite technical works. They have been working to the satisfaction of the authorities concerned since their said appointments with artificial breaks at times. The services rendered by the Petitioners are of perennial and permanent nature. Their services were once terminated and they were again reappointed. They have been given appointments since 1983/1984 till the date of presentation of the writ application by causing artificial break of services, which is nothing but a device for exploiting the situation taking advantage of their helplessness, amounting to breach of Articles 14 and 16 of the Constitution of India. It is thus contended by the Petitioners that they should be absorbed in their respective works on regular basis since the jobs entrusted to them are of perennial and permanent nature.
(2.)The Writ Petition is opposed by the Respondents by filling Affidavit -in -Opposition contending, inter -alia, that the Petitioners were not in service at the time of filing of the Writ Application for which the same is not maintainable, and that the Government at present after observing the performance of the Fish Seed Farm in question have decided to hand over the same (Farm) on lease basis to a Co -operative Society, and that the functioning of the Farm has been completely stopped since 1 -4 -1989.
(3.)Upon perusal and consideration of the materials on record, such as they are, there could clearly be no mistaking that the Petitioners had been appointed as daily labourers in the Fish Seed Farm in question since 1983/1984 and their services had been utilised for a pretty long time with breaks at times. The' Petitioners contend that they have been continuing in service since then, with artificial breaks, and that they are not being allowed to continue their services by the authorities concerned for some oblique reason. It appears that by an Order of this Court on 3 -6 -1991 an interim Order of injunction was passed restraining the Respondents from terminating the services of the Petitioners till the disposal of the rule, and the wages of the Petitioners had been paid from time to time under the Order of the Court. An application, however, appears to have been filed by the Respondents for vacating the interim Orders passed by the Court, which does not appear to have been disposed of as yet.
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