RAMAPADA MANNA Vs. UNION OF INDIA

JUDGEMENT

(1.) This Mandamus Appeal is directed against the judgment and/or order passed by a learned Single Judge of this Court on 18th September, 2008 in W.P. No.16491(W) of 2007, dismissing the writ petition of the appellant whereby implementation of the order and/or judgment dated 8th November, 2010 passed by a Division Bench of this Hon'ble Court in appeal being MAT No.3852 of 1998 (Rajkumar Sardar & Ors. V. Union of India & Ors.) was prayed for.

(2.) The legality and/or correctness of the said order has been challenged in this appeal at the instance of the appellants/writ petitioners.

(3.) Let us now give a short background of this litigation. The writ petitioners had been working as cooks and helpers/ cooksmates in the Scholar Hostel of Bose Institute, Calcutta. They were appointed by the Mess Committee on contract basis. They filed a writ petition praying for issuance of a writ in the nature of mandamus commanding the respondent (Bose Institute) to regularize their service under the Bose Institute with all benefits as admissible to the regular employees of Bose Institute. They claimed that they are really the employees of Bose Institute and not of the Mess Committee. While dealing with the said writ petition, though it was held by the learned Single Judge of this Court that no writ lies against Bose Institute as the same is neither a State nor an instrumentality of the State nor an authority within the meaning of Article 12 of the Constitution but still then having regard to the fact that the writ petitioners having been appointed by the Mess Committee on contract basis, His Lordship felt that the provision of the Contract Labour (Regulation and Abolition) Act, 1978 would apply; but in His Lordship's view whether such a system should be abolished or not as contended by the writ petitioner can only be decided by the Central Government under Section 10(1) of the said Act. In the appeal filed by the writ petitioners challenging the said judgment and/or order of the learned Single Judge of this Court, the Hon'ble Division Bench of this Court practically affirmed the findings of the learned Single Judge of this Court in the order passed on 8th November, 2000. The appeal Court disposed of both the appeal and the writ petition by directing that the writ petitioners will be at liberty to apply before the appropriate Government under Section 10(1) of the said Act for abolition of contract labour in Bose Institute and if such application is made by the writ petitioners, the same was directed to be disposed of by the appropriate Government in accordance with law after holding due enquiry and after giving opportunity of hearing to both the writ petitioners as well as Bose Institute and all other concerned authority and by passing a reasoned and speaking order within six months from the date of receipt of the application made by the writ petitioners. The writ petitioners were directed to submit such an application before the appropriate authority within a fortnight from the date of the order. It was made clear in the said order that the writ petitioners in their application must give all particulars in details as to why contract labour in the Bose Institute should be abolished and the appropriate Government after receipt of such application, if, is of the view that further particulars and information are necessary, it will be open to the appropriate authority to call for the same from the petitioners on behalf of the Bose Institute and/or from any other appropriate authority as it would be deem fit and proper. The Bose Institute was directed to ensure that status quo as on date relating to service of all the writ petitioners is maintained by all the authorities and the parties including the Mess Committee till the decision is taken by the Central Government on the aforesaid application.