LAWS(CAL)-2013-7-68

KEDAR NATH YADAV Vs. STATE OF WEST BENGAL

Decided On July 11, 2013
KEDAR NATH YADAV Appellant
V/S
STATE OF WEST BENGAL Respondents

JUDGEMENT

(1.) The writ petition has been filed by the petitioner by way of Public Interest Litigation. The prayer has been made in the writ petition for monetary compensation as payable under the scheme to those victim families who already died in Gouripur Jute Mill due to closure of the Jute Mill. Prayer has also been made to direct the respondents to extend facilities of medical treatment and to meet other lawful demands of the workers. Prayer has also been made to command C.B.I. to investigate the entire economic affairs of the said jute mill with respect to cheating the service benefits etc. of 5,000 workers. The District Magistrate has filed the Report on 8.7.2010 in compliance with the order dated 11.6.2010 passed by this Court. In the said report it has been mentioned that provident fund account used to be maintained by the Board of Trustees of the Company, M/s. Gouripur Company Limited was an establishment exempted from the operation of EPF Scheme, 1952. The said Mill was closed in the year 1997 and had gone into liquidation. The workmen of the company did not get their P.F. dues, which became a long standing dispute. There were several litigations. Rs. 10 crores has been realised by the P.F. authorities against the anticipated amount of around Rs. 18 crores.

(2.) It has also been mentioned in the said Report that Government has taken measure to give relief to the families of the erstwhile workers. The Gouripur Company Limited has been included in the Financial Assistance for Workers of Locked out Industries, 1998 Scheme, 1998 (hereinafter referred to as the 'FAWLOI Scheme of 1998'), run by the Labour Directorate, Government of West Bengal. Under the FAWLOI Scheme of 1998, the eligible workers of the locked out Industries are provided with financial assistance at the rate of Rs. 1500/- per month. 806 eligible workmen/nominees of the deceased workmen of the company are being provided with financial assistance from the office of Deputy Labour Commissioner, Kalyani regularly. Muster Roll/acquaintance of receipt of such assistance for the month 1.1.2010 to 31.3.2010 has been placed on record.

(3.) Affidavit-in-opposition has been filed by the respondent No. 4. An affidavit has also been filed pursuant to the direction of this Court by the petitioner.