HOWRAH MUNICIPAL CORPORATION SHRAMIK UNION KARMACHARI Vs. HOWRAH MUNICIPAL CORPORATION
LAWS(CAL)-1996-7-13
HIGH COURT OF CALCUTTA
Decided on July 31,1996

HOWRAH MUNICIPAL CORPORATION SHRAMIK UNION KARMACHARI Appellant
VERSUS
HOWRAH MUNICIPAL CORPORATION Respondents


Referred Judgements :-

STATE OF HARYANA V. PEYARA SINGH [REFERRED TO]
DELHI DEVELOPMENT HORTICULTURE EMPLOYEES' UNION V. DELHI ADMINISTRATION [REFERRED TO]
J AND K PUBLIC SERVICE COMMISSION VS. NARINDER MOHAN [REFERRED TO]
ARUNDHAT1 AJIT PARGAONKAR VS. STATE OF MAHARASHTRA [REFERRED TO]


JUDGEMENT

R.Bhattacharyya, J. - (1.)The petitioners have triggred off this Writ application against the respondents for mandamus commanding the respondents, their officers, agents, men subordinates superiors, successors-in-office to take steps, measures and action forthwith towards absorption of the petitioners in the substantive capacity, for certiorari, Rule NISI and for other incidental reliefs which included amongst others the cost.
(2.)To understand the contention, a few potent facts need be stated, as the vital aspect of the case, dwelling on regularisation or absorption in the municipality, a writ in the above nature could be issued, if the material proposition of fact and law is asserted by one about absorption and regularisation and denied by the other. There is much uproar over the issue when the court has been invited to render a verdict, since the petitioners are robbed off their rights of absorption and regularisation.
(3.)Now to the facts :- The petitioners No.3 to 9 alongwith others were the casual or the daily rated workers of the Howrah Municipality, since 1987, who rendered services as Majdur to work under different Borough committees whose services were fully explored to maintain the water supply. They rendered continuous services without interruption at a monthly salary fixed from time to time by the respondent No.2, annexure A, however, their length of service was ignored by the municipality. The right accrued to them for absorption on substantive basis never gained any premium or momentum as their claim for such appointment was given a feather weight.
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