SWAPAN MONDAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The six writ petitioners of this writ petition have from time to time been engaged as Casual Labourers on daily-wage basis under the Collectorate of Howrah. The District Magistrate, Howrah issued a circular under Memo No. 406 RG(NZ) dated 8-8-91, annexure-D to the writ petition regarding the procedure to be followed in the matter of engaging any contingent labourer in any department. Clause (4) of that circular provides that no contingent labourer shall be engaged (by any officer) for a period of more than 15 days a month provided under the existing Government orders. The petitioners are aggrieved mainly against the said clause (4) of the said circular. Incidentally, the other clauses of the said circular may also be briefly stated here. Clause (1) provides that there shall be a requisition from the officer concerned for any engagement (of any contingent labourer) which shah be sent to the Nezarath Dy. Collector well ahead. Clause (2) inter alia provides that the Nezarath Dy. Collector shall depute a contingent labourer with specific approval of the D.M. or A.D.M. (G) on the basis of the requisition. Clause (3) provides that the Nezarath Dy. Collector shall engage contingent labourers only from among the persons selected through interview of candidates sent recently by the employment exchange and if such selected candidates are not readily available, only then the persons working in the Collectorate for several years in the same capacity, particularly those recommended for absorption, will be considered. At the very outset the officers however have been reminded in the said circular that the contingent labourers were to be requisitioned only after proper assessment of the quantum of job to be done. The petitioners have challenged the said circular issued by the District Magistrate, Howrah, particularly clause (4) thereof by which it was directed that no contingent labourer should be engaged for more than 15 days a month.

(2.) It is the contention of the petitioners that under the Government of West Bengal, Labour Department No. 1700-EMP dated 3rd August, 1979 as well as the Government of West Bengal, Department of Panchayats & Community Development No. 96(34) dated the 4th January, 1984 the casual labourers who have already worked for a continuous period of more than 3 years for at least 240 days in each year are entitled to be absorbed in the regular establishment. The grievance of the petitioners is that by restricting the engagement of individual labourer to a maximum period of 15 days a month, as has been done by clause (4) of the impugned Memo No. 406 dated 8-8-91 the District Magistrate, Howrah has virtually sought to supersede and frustrate the Government of West Bengal, Labour Department Memo No. 1700-EMP dated the 3rd August, 1979 and the Department of Panchayats & Community Development No. 96(34) dated the 4th January, 1984 which is based on the said Labour Department memo inasmuch as by reason of the restriction imposed by the District Magistrate by limiting the maximum period of engagement in a month no casual labourer will be able to attain the target of working 240 days in a year which is a requirement for attracting the aforesaid Labour Department Memo No. 1700-EMP.

(3.) In the writ petition the petitioners have prayed for the following substantive reliefs, viz.