SANTWANA CHOWDHURY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The instant writ petition has been filed before this Hon'ble Court contesting the failure of the respondent authorities in disbursing the rightful retiral benefits to the petitioner.

(2.) The facts in brief are that the petitioner has been rendering service to the Kalyani Spinning Mills Limited herein the respondent no.2 since 2006 as a personal assistant to the Managing Director herein respondent no.4 under the job production contract (hereinafter referred to as "JPC") scheme of the company. The respondent no.2 was included as a Government of West Bengal Undertaking vide resolution no. 8071-F (P) dtd. 13/7/2017 by the Governor of West Bengal in terms of reference to the 6th Pay Commission, owing to which the employees working in respondent no.2 were entitled to similar perks as that of any other government establishments/organizations.

(3.) The Government of West Bengal issued a Memorandum being no. 9008- F(P) dtd. 16/9/2011 pertaining to receiving appropriate emoluments and certain terminal benefits subject to fulfillment of certain requirements by the casual/daily hired/contractual workers who have continuously worked in different government establishments for over ten years. The above Memorandum was further revised by the Government vide Memorandum no. 1107-F(P) dtd. 25/2/2016 wherein the casual/daily hired/contractual workers working in different government establishments were sanctioned to receiving a terminal benefit of Rs.2,00,000.00 on attending the age of sixty years.