JUDGEMENT
Satyabrata Sinha, J. -
(1.) The petitioners, who are four in numbers are working as Cooks and Helpers at Bose Institute, School Hostel, have prayed for following reliefs is this application:-
"(a) A writ is the nature of Mandamus commanding the respondents and/or their agents to regularise the services of the petitioners in permanent capacities under the said institute with all regular benefits and also an order commanding the respondents and/or their agents to treat the petitioners as Group-D employees with regular monthly salaries and allowances as admissible under the Central Government retrospectively at least from 4th June, 1993; and to pay the Bonus and Puja Advance of the year 1995."
(2.) The petitioner contends that Bose Institute was originally founded by Sir Jagadish Chandra Bose in 1917 and is now a Society registered under She West Bengal Society Registration Act, 1961. It is an autonomous organisation. Allegedly the Ministry of Science and Technology of Government of India is in full and complete budgetary or financial control of the said institute and also exercises administrative power for determination of the policies and directions of the institute.
(3.) It has further been averred that both the academic and roc-academic staff also enjoy pay scales and allowances as admissible to Central Government employees and it is subject to e scrutiny and audit by the Accountant General, Central Revenue. It is alleged that as pet Regulations of Bose Institute the Board of Directors the Council which is in-charge of the General Superintendence, direction and central of the affairs of the institute is dominated by the Central Government as also the Government of West Bengal as also their Domineers Allegedly from the Memorandum of Association it would appear that the Government operates from behind the veil of the Society which is engaged in a function of vital importance viz. advancement of knowledge by means of research, diffusion by organising discourses, demonstrations and lectures So be given by original workers/staff is it as well as world renowned thinkers to do all such things as are incidental or conducive to the attainment of the objects or any of them it is elated that the Rules and Regulations of the Bose Institute can be altered and modified only with the previous approval and sanction of the Central Government.;
Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.