NARESH MUKHARJEE Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Therefore, disallowing the petitioners from earning their livelihood the Trade Union has caused grave injustice towards the members. I have no manner of doubt that they have taken the law in their own hands. It also appears that police has behaved like a silent spectator in spite of the intimation given to them. All elements of public law have been violated.

(2.) Therefore, this Court has no other alternative but to dispose of the writ petition restraining the union from interfering with the livelihood of the petitioners in any manner whatsoever. The police will render all possible assistance to the owner as well as the driver and conductor of the vehicle in earning their livelihood whenever they are intimated to them. Since the question of law is called upon to discuss nobody has exchanged their affidavits. This order will have a binding effect upon the matter of W.P. No. 13332(W) of 2004 (Naresh Mukherjee vs. State of W.B. & Ors.). Parties are entitled to take the gist of the order and communicate to whom it is communicated, will act on such communication.

(3.) Thus, the writ petition stands disposed of.