SUDHIN CHAKRABARTI & ORS Vs. STATE OF WEST BENGAL & ORS
LAWS(CAL)-2019-1-104
HIGH COURT OF CALCUTTA
Decided on January 15,2019

Sudhin Chakrabarti And Ors Appellant
VERSUS
State Of West Bengal And Ors Respondents

JUDGEMENT

Rajasekhar Mantha, J. - (1.) There are as many as twenty-five petitioners in this application under Article 226 of the Constitution of India who are all employees of one Tamralipta Cooperative Spinning Mills Limited. They had applied for conversion of their terminal benefits in the nature of Contributory Provident Fund (CPF) to that of General Provident Fund (GPF).
(2.) Upon refusal and/or failure of the State Government to consider the petitioners' prayer, despite the fact that the mill itself had in writing communicated to the State that they will be no additional financial burden on the State, WP No.15458(W) of 2015 was filed by the petitioners. By an order dated July 17, 2018 passed by a single Bench of this court, the State was directed to consider the petitioners' prayer for conversion from CPF to GPF facilities. The State in compliance with the aforesaid order took up the case and rejected the claim of such conversion by its order dated September 4, 2018. Aggrieved, the petitioners have filed this instant writ petition.
(3.) The petitioners would contend before me that 99.99% of the shareholding of the mill-society is held by the State Government. The managing director is a nominee of the State Government and he is appointed by State itself, although the State submits that the managing director is an employee of the MS&MET department and is sent on deputation.;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.