MD. ZAFIR Vs. UNION OF INDIA

JUDGEMENT

(1.) THE Court:- The petitioner in this WP under art.226 dated May 18,2011 is seeking a mandamus commanding the respondents to pay him the benefits mentioned in para.7 of the WP with interest and costs. The relevant part of para.7 of the WP is quoted below:-

(2.) THE respondents have filed an Affidavit-in-opposition (in short AO) dated August 9, 2011. In para.6 of the AO they have dealt with the petitioner 's case stated in para.7 of the WP; the paragraph is quoted below:-.

(3.) MR Gupta appearing for the respondents and referring to and relying on settlement para.41.1, an OM No.2(7)/2006 DPE-(WC)GL.III dated February 26, 2008 of the Department of Public Enterprises, Government of India, and a letter No.A-29018/5/2006-PE-1 dated February 18, 2011 of the Ministry of Shipping, Government of India, has submitted that since the financial condition of the loss making Calcutta Dock Labour Board does not permit the Board to give the settlement benefits, it is not under any obligation to give the petitioner the claimed benefits. Mr. Gupta has said that the Dock Labour Board is not, however, saying that because of financial crisis it is unable to give the petitioner the benefits of the settlement, but that the Central Government, as will appear from the OM dated February 26, 2008, did not want it, a loss making enterprise, to pay the benefits. Mr. Gupta has relied on the following whatever-it-means-case stated in para.4(b) of the AO:-