RAJ KR MAHTOLIA Vs. MRITUNJOY MONDAL

JUDGEMENT

(1.) Both these Appeals are connected with each other, therefore they are disposed of by a common order.

(2.) Appeal No. 2694 of 1994 arises against the Order passed by the Learned Single Judge Sri G.R. Bhattacharjee dated July 4, 1994. Appeal No. MAT 1547 of 1998 arises out of an Order passed by Sri G.R. Bhattacharjee on April 16, 1998 in a Contempt Matter.

(3.) This Case has a little chequered history. Earlier first writ petition was filed by these Petitioners which came to be registered as Civil Order No. 12337 (W) of 1987 which was disposed of by an Order passed by Learned Judge Mahitosh Majumder on November 21, 1988. It was contended that these Petitioners should be absorbed in regular salaried establishment for having rendered continuously long services as casual laborers for more than three years in pursuance of the circular No. 1700 -EMP/3C -26/78 dated August 3, 1979 of the Labour Department, Govt, of West Bengal. Therefore they sought a Writ of Mandamus for regularisation in terms of the Circular No. 1700 -EMP/3C -26/78 dated August 3, 1979. Nobody appeared on behalf of the Respondents. Therefore the learned Single Judge passed the order directing the Respondent to prepare a Scheme forthwith for gradual absorption of the Petitioners in a phased manner. It was further directed to make payment of their salaries for the months of January, February and March. No action was taken by the Respondent in pursuance of the aforesaid order. Therefore a contempt petition was moved before this Court and this contempt petition came to be disposed of by Hon'ble Justice Samaresh Banerjee on February 25, 1994. It was contended by Respondent Condemners that all these Petitioners were engaged as casual workers in different offices in Nadia, Murshidabad division from 1982 as Social Security Workers under the RLEGP Scheme for plantation. It was submitted in the reply to this contempt petition that they have partly complied with the order and paid the Petitioners three months salary i.e. for the months of January and February 1988 but it is impossible for them to comply with the rest of order of preparing a scheme for phased absorption of the writ Petitioners and payment of the regular salary. It was pointed out that all these writ Petitioners were employed as casual workers in plantation and nursery on the basis of a Rural Landless Employment Generation Programme Scheme (for short RLEGP) introduced by the Government of India and fully financed by the Government of India. It was pointed out that the State Government was only an employing agency and all finances were received from the Government of India and since the Scheme was discontinued by the Government of India with effect from April 1, 1987 therefore it was not possible for the State to give employment to the Petitioners. Learned single Judge after hearing the argument from both the sides and considering the decision given by the Apex Court came to the conclusion that since the Petitioners were employed under the RLEGP Scheme sponsored and financed by Central Government and the same having been discontinued from April 1, 1987 therefore after discontinuation of such a scheme the condemners cannot prepare a Scheme for absorption of these Petitioners. Therefore it was held by the learned single Judge that inability of the State Govt, to frame a Scheme and absorb them cannot be made a ground for a contempt as the Scheme under which these Petitioners were employed was not the State Scheme and it was Centrally Sponsored Scheme. Therefore the Learned single Judge found that there is no willful or deliberate violation of the Order passed by this Court. However, the learned Single Judge concluded by observing that it will be open for the Petitioners to approach appropriate forum for any other appropriate relief which may be available to them in law. Accordingly, the Contempt petition was dismissed. Thereafter, the Petitioners filed another writ petition before this Court in 1994 which came to be disposed of by the learned single Judge by the order dated of July 4, 1994 and directed a Scheme be prepared for absorption of all 37 Petitioners as directed earlier by learned Single Judge vide his Order dated November 21, 1988 within six months and till such absorption of such Petitioners no appointment of any other person shall be made as a casual labourer in the social forestry or regular establishment in Group -D Category in the district of Nadia and Murshidabad. Accordingly, this writ petition was disposed of. Against this order this appeal was filed and which came to be registered as MAT No. 2694 of 1994, and this Order was also not complied with. Then, again a contempt petition was filed which came to be disposed of by a learned single Judge by Order dated April 16, 1998 and whereby learned Single Judge held that there is a non -compliance of this Court's Order and he found the condemners guilty of violating the court's order dated July 4, 1994. However he observed that question of punishment will be taken up subsequently and gave opportunity to the condemners to purge the contempt and time to absorb the Petitioners in regular establishments failing which condemners will appear before the court for severe punishment. Aggrieved against this Order the present appeal was filed which came to be registered as MAT No. 1547 of 1998. The Division Bench stayed the operation of this Order by the Order dated May 13, 1998. Hence both these appeals are clubbed together and disposed of by a common Order.