Six of such Assistant Computers hereinafter referred to as Respondents filed a Writ Petition C.O. No.
i Order No.
The real question which was, therefore, involved in that Writ Petition was whether the direction given by Mr. Justice Ajit Kumar Sengupta on 21.8.1984 while disposing of the earlier Writ Petition C.O. No.
On 12.12.86, the petitioners made a written representation to the Respondent No.
1449 of 1987 in the Calcutta High Court, praying that they may be paid arrears of salary and allowances with effect from 13.3.1980 in terms of the judgment and order dated 21.8.1984 passed by Mr. Justice Ajit Kumar Sengupta.
6584 of 1984 , filed another Writ Petition registered as Matter No.
6584 W 84 passed by the Honble Mr. Justice A.K. Sengupta annexed herewith and along with the order passed by the Division Bench in FMAT 3213/84 and marked as Annexure Your petitioners state that number they have been promoted in the West Bengal Sub ordinate Labour Services, but as per the order of this Honble Court they are deemed to be promoted and or in service since 13th March, 1980.
Confirmed Assistant Computers in the Statistical Section of the Labour Directorate.
Therefore the judgment and the order of the Trial Judge stood upheld.
It was provided in the Rules that fifty per cent of these posts shall be filled up by direct recruitment on the basis of the results of the West Bengal Miscellaneous Service Recruitment Examination and the remaining fifty per cent by promotion.
Confirmed Labour Welfare Worker of the Labour Directorate, West Bengal, who were at least Matriculates or had equivalent qualification and had rendered number less than 10 ten years companytinuous service as Labour Welfare Workers under the labour Directorate.
3213 of 1984 before the Division Bench and the latter, namely, the Division Bench, by its judgment and order dated 17.1.1985, allowed the appeal by the following order After hearing the learned Advocates of the parties and after companysidering the facts and circumstances of the case, we modify the impugned order of the learned Trial Judge and direct that the authorities companycerned shall companysider the cases of promotion to the West Bengal Subordinate Labour Service of the appellants as also of the writ petitioners and the added respondents in accordance with law and the prescribed rules including the appointment rules, within three months form date.
In order to indicate the real companytroversy involved in that Writ Petition, the relevant paragraphs of that Writ Petitions are reproduced below Your petitioner sate that against the aforesaid illegalities namely the denial of promotion seniority and other benefits to the petitioners as prescribed in law, a writ application was filed on behalf of the petitioners before this Honble Court which was numbered as C.O. 6584 W /84.
In companypliance of this direction, the State of West Bengal and other appellants before us, after due companysideration, promoted 40 employees drawn from all the three categories of feeder posts, including those namely, the present respondents, who had filed Writ Petition C.O. No.
His Lordship was further pleased to direct the authorities to give promotion to the petitioners to the West Bengal Sub Ordinate Labour Service forthwith.
13th March, 1980.
This order virtually disposes of the appeal.
6584/ W /84 , was in existence or had ceased to be an operative direction after the disposal of F.M.A.T. No.
Thus the petitioners are entitled to the arrear financial benefits and Seniority on and from 13th March, 1980.
It was in pursuance of this direction that the State Government companysidered the matter of promotion and by its order dated 16.4.1985, it made promotions of the eligible candidates drawn from all the three sources including the respondents who had filed Writ Petition C.O. No.
The following prayer was made in the Writ Petition Your petitioners humbly state and submit that the authorities illegally withheld their promotion for a long time but only pursuant to the direction and or order of this Honble Court they got promotion in the West Bengal Sub ordinate Labour service which has been illegally withheld for a long time.
Let this order be carried out within two weeks from the date of companymunication of this order.
Subsequently, under the 1998 numberification, the eligibility was a little expanded and the promotion was to be made from amongst Confirmed Upper Division Clerk of the Labour Directorate, and of the Shops and Establishments Directorate.
The respondents shall give promotion to the Assistant Computor including the writ petitioners to the Subordinate Labour Service with effect from 13th March, 1980 when 29 Upper Division Clerks were promoted ignoring the claim of the Assistant Computors according to the seniority determined on the basis of the said Rules.
By this order, the direction passed by Mr. Justice Ajit Kumar Sengupta for promotion of Assistant Computers, and that too with effect from 13.3.1980, was substituted by a fresh direction that the cases of Assistant Computers as also those of others would be companysidered in accordance with law and the prescribed rules, including the appointment rules.
1449 of 1987 filed in the Calcutta High Court, the learned Single Judge did number grant the relief and instead observed that since the direction issued by Mr. Justice Ajit Kumar Sengupta was modified, it was for the State Government to companysider their claims in accordance with the Rules in terms of directions of the Divisions Bench Court of Appeal .
6584/ W /84 , to various posts in the Sub ordinate Labour Service.
WITH CIVIL APPEAL NO 2567 OF 1998 ARISING FROM SPECIAL LEAVE PETITION CIVIL NO.
These two appeals are directed against the judgment dated 21st July, 1992 passed by a Division Bench of the Calcutta High Court companyprising of Mr. Justice Ajit Kumar Sengupta and Mr. Justice Shyamal Kumar Sen. Promotion to the posts of Inspector of Minimum Wages, Inspector of Trade Unions, other Inspectors, Investigators, Supervisors, etc, companystituting the West Bengal Subordinate Labour Service, is regulated by Rules made under Article 309 of the Constitution which were first numberified on 25.9.1973 and again on 1.8.1988 with certain modifications.
It was alleged that although only six permanent Upper Division Clerks were available, the respondents, namely, the State Govt.,
3213 of 1984 by a Division Bench on 17.1.1985.
of that Writ Petition intended to fill up the higher posts by promoting the temporary Upper Division Clerks and number the Assistant Computers who being eligible for promotion to the posts under the West Bengal Subordinate Labour Service were entitled to be companysidered for such promotion.
Confirmed Assistant Computers in the statistical section of the Labour Directorate, West Bengal.
FMAT 3213 was preferred before this Honble Court.
They are directed to issue the orders of promotion forthwith in terms of this order.
Your petitioners state that the authorities denied equal opportunities of promotion to them.
The ultimate order passed by the Division Bench in that appeal has already been extracted in the earlier part of the judgment which would show that the direction that the respondents shall be promoted with effect from 13th March, 1980 was set aside and was substituted by a fresh direction that the cause of the respondents along with other eligible candidates for promotion to the Subordinate Labour Service shall be companysidered in accordance with law and the prescribed rules including the appointment rules.
An appeal against this judgment was disposed of by a Division Bench which included Mr. Justice Ajit Kumar Sengupta.
Accordingly, the petitioners are entitled to get the seniority and also the monetary benefits of West Bengal Sub ordinate Labour Services with retrospective effect from 13th March, 1980.
The petitioners made several representations before the authorities for the payment of the said arrear dues but the Respondent authorities have number paid the same to the petitioners.
A companyy of the said representation dated 12.12.86 along with the statements of the said arrear dues are companylectively marked as Annexure B and B1 to this application.
By another order passed on the same date, namely on 13.3.1980, five promotions more two Assistant Computors and 3 Labour Welfare Workers were made.
The petitioners also pointed out that for the above number payment of the arrear dues, the petitioners were facing acutefinancial troubles.
6584 W of 1984 in the Calcutta High Court, setting out therein that although they were eligible for promotion to the posts ofInspector, Investigator and Supervisor etc.
of the West Bengal Subordinate Labour Service, the respondents of that Writ Petition, namely, the State of West Bengal, Commissioner of Labour and the Joint Labour Commissioner Statistics , had promoted only the companyfirmed Upper Division Assistants to those posts in 1978 and their claim for promotion was companypletely ignored.
This order does number indicate that the respondents were promoted with effect from 13th March, 1980 may be this was number indicated as that direction had been set aside in appeal by the Division Bench.
But until number the authorities have done numberhing for the grant and or payment of the said dues from 13th March, 1980 to 16.4.85 to the petitioners.
As the answer depends upon the peculiar facts involved in these cases, they are being examined in a little detail.
When the respondents claimed arrears of salary with effect from 13th March, 1980 in pursuance of the direction issued by Mr. Justice Ajit Kumar Sengupta through a fresh petition Matter No.
1832 G.E. dated 6.6.1985 to various posts in the Subordinate Labour Service.
Confirmed Upper Division Clerks of the regional offices under the Labour Directorate and under the Shops and Establishments Directorate, Government of West Bengal.
Your petitioners state that they made series of representations before the authorities for the promotion and payment of their arrear benefits since 13th March, 1980, but the authorities had number yet paid the said arrear.
Thus the whole activities regarding promotion was totally illegal and or malafide.
The pay so fixed, was made payable to them with effect from July, 1992.
It was also stated that although 48 vacancies were available in the Subordinate Labour Service in the Labour Commissioners Office under the Labour Directorate, the respondents intended to fill up those vacancies by promoting only the Upper Division Clerks and number the persons from other feeder posts, including the Assistant Computers.
Confirmed Assistant companyputers, thus, companystituted, under both the numberifications, one of the feeder posts for promotion to the posts in the Subordinate Labour Service.
But the petitioners were illegally deprived of the said promotion and or seniority.
Thus the authorities denied Computer Assistants and labour Welfare workers of the Labour Department equal promotion seniority and other benefits for a long time.
A companyy of the Judgment in C.O. No.
Thus the petitioners have been put to unnecessary financial hardships by the aforesaid number payment of arrear dues.
It is made clear that we have number expressed our opinion on the merits of the respective cases of the parties.
3512/93 J U D G M E N T SAGHIR AHMAD, J. Whether judicial obstinacy can be treated as a form of bias is the question which we intend to answer in these appeals.
This judgment was challenged by a number of affected employees about 32 employees , who filed an appeal M.A.T. No.
The direction to promote the present respondents, namely the Assistant Computors to the Subordinate Labour Service with effect from 13.3.1980 was obviously given for the reason that it came out during the companyrse of the proceedings that the Government, in the meantime, had filled up 31 posts on 13.3.1980 by promoting 29 Upper Division Clerks and 2 Labour Welfare Workers.
It is this judgment which is challenged before us in both the appeals.
Confirmed Labour Welfare Workers of the Labour Directorate, West Bengal number placed under the West Bengal Labour Welfare Board companystituted under the West Bengal Labour Welfare Fund Act, 1974 Matriculates or have equivalent qualification, who were appointed to the same post prior to the 1st July, 1976, the date on which the West Bengal Labour Welfare Board started functioning, and have rendered number less than 10 ten years companytinuous service in the post of Labour Welfare Workers under Labour Directorate.
1187 G.E. dated 16.4.1985 and ii Order No.
Labour Commissioner, etc.
Your petitioners state that there has been arrear dues to the petitioners since 13th march, 1980.
Leave granted in the Special Leave Petition.
The authorities gave promotions to West Bengal Sub ordinate Labour Services only from the Upper Division Clerks, even some of these clerks were number companyfirmed.
Accordingly, pursuant to the judgment of the Trial Court, authorities promoted the Writ Petitioners on 17.4.85 to the posts of Investigators Inspectors under West Bengal Sub ordinate Labour Services, Labour Directorate, Government of West Bengal and the petitioners have been posted in different places in the said posts where they are new served.
But against the said Judgment of His Lordship Mr. A.K. Sen Gupta and Appeal having the Tender No.
1449 of 1987 has been filed before us.
Two years later, the same persons, namely, the present respondents, except Smt, Shyamali Ghatak nee Chakraborty , who had earlier filed Writ Petition C.O. No.
6584 of 1984 , by two orders.
1 along with the statement of arrear dues praying immediate payment of the said arrear dues from 13.3.80 to 16.4.85 and in that letter demanding justice.
His Lordship was further pleased to direct the authorities to give promotion to the Writ Petitioners to the sub ordinate Labour service w.e.f.
This Writ Petition was disposed of by Mr. Justice Prabir Kumar Majumdar by his judgment and order dated 22.4.1988 by observing, inter alia, as under I have companysidered the respective submissions of the parties.
Originally, under the 1973 numberification, the eligibility for promotion was restricted to the following Confirmed Upper Division Clerk of the Labour directorate and of the shops and establishment Directorate, Govt.
of West Bengal.
Therefore, the direction of this Honble Court that the petitioners should be deemed to be promoted since 13th March, 1980 should be companyplied with by the authorities by paying all arrear benefits and or dues to the West Bengal Sub ordinate Labour Service to the petitioners immediately, otherwise they will suffer irreparable loss and or injury.
