SRI BABUL PA Vs. STATE OF TRIPURA

JUDGEMENT

(1.) According to the petitioner, on 13/8/2016 he was engaged as 'Safai Karmachari' under Melaghar Municipal Council, Sepahijala and since then he was working there with a monthly wages of Rs.4,896.00. The last payment of wages was made on YES NO v 30/9/2023 for the month of September, 2023 through his bank account. According to him, he was rendering service without any interruption but from October, 2023 to January, 2024, he did not receive his wages and on 8/10/2023, the Councilor of Ward No.13 of Melaghar Municipal Council without any reason told him not to continue his work further under the said Municipal Council and when he tried to enquire about the same, he was ousted from the office of the Council. Thereafter, he met with one Biswajit Das, Mandol Sabhapati of Sonamura town and as per his instruction, the petitioner continued to work again as 'Safai Karmachari' under the said Municipal Council which was also to the notice of Councilor of Ward No.13. On 16/10/2023, he also submitted a representation to the Chief Executive Officer of said Municipal Council praying for his re-engagement but it received no response. Thereafter, on 22/11/2023, he submitted another representation to the DM & Collector, Sepahijala praying for his re-engagement as 'Safai Karmachari' but the DM & Collector has not also taken any step in this regard. Then he sent a legal notice to respondent no.3 for releasing his wages of Rs.19,584.00 for the period from October, 2023 to January, 2024. Thereafter, the Dy. Chief Executive Officer of the said Municipal Council issued a Memo No.F.2(2)/MC/MLG/Estta/2023-24/4629-35 dtd. 27/2/2024 (Annexure-5 of the writ petition) informing that his service as 'Safai Karmachari' under said Municipal Council was not required w.e.f. 1/3/2024 and asked him not to attend the office from that date. Simultaneously he also issued a cheque dtd. 29/2/2024 for Rs.19,584.00 regarding his back wages for the period of October, 2023 to January, 2024.

(2.) Thereafter, the petitioner sent another legal notice to the Chief Executive Officer of the Municipal Council seeking his reengagement within 15 days of receipt of the notice but that also yielded no result. Then the petitioner submitted an application before the Labour Officer, Bishramganj challenging his said letter of discontinuation of service but the Labour Officer did not entertain the same as communicated by him vide letter dtd. 17/5/2024 (Annexure-9 of the writ petition) in the following manner: "In response to your letter, it is to inform you that in the Memo No.2(2)/MC/MLG/ESTTA/2023- 24/4629-35, dtd. 27/2/2024, issued by the Dy.CEO, Melaghar Municipal Council, there is no such expression or words as "dismissal" or "termination" or "retrenchment" found. Moreover as per Sec. 2 of the Industrial Disputes Act, 1947 any activity of the Government relatable to the sovereign functions of the Government is excluded from the definition of "Industry"."

(3.) Now, said discontinuation letter and his discontinuation as Safai karmachari has been challenged by the petitioner in this writ petition with following prayers: