LAWS(CAL)-2020-9-43

SK. ANSARUL ALAM Vs. STATE OF WEST BENGAL

Decided On September 25, 2020
Sk. Ansarul Alam Appellant
V/S
STATE OF WEST BENGAL Respondents

JUDGEMENT

(1.) In this writ petition, the petitioner has made a prayer for issue of a writ in the nature of Mandamus commanding the concerned Respondent Authority to take steps for payment of both arrear and regular wages to the petitioner in accordance with law.

(2.) The petitioner contends through Learned Counsel, Mr. Datta, assisted by Mr. Dhara, Learned Advocate, that he was appointed in casual capacity to work on daily wages as an unskilled worker on a no work no pay basis. It is also contended that the appointment of the petitioner was under the MGNREGS Scheme.

(3.) The petitioner raises the grievance that without reasonable basis he has been paid less than the fixed monthly wages. Accordingly, the petitioner prays for restoration of arrear and regular wages. Ld. Counsel for the petitioner places reliance on a Memo No. 958/DRDC/PMZP dated 21st of June, 2012, which treats the initial appointment of the petitioner under the District Rural Development Cell (for short the Cell) of the Purba Medinipur Zilla Parishad (for short the said Parishad) as an MGNREGS unskilled labour. The petitioner claims remuneration commensurate to the terms of his appointment as spelt out by the Memo.