SIPRA GHOSH Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This writ application and the application for appropriate order both appeared in the Hearing List. By the order dated 13th Aug., 2004, the Court on hearing the Matter at length framed the following questions for necessary consideration and to that effect opportunities were given to all the parties to advance their argument. The questions: "Whether the West Bengal Board of Secondary Education while issuing the order of recognition of a school has to power, jurisdiction and authority under the statute i.e. West Bengal Board of Secondary Education Act, 1963, to impose a condition/direction upon/to the School Authority to pay the salary of the teaching and non-teaching staff at per with the salaries available to the other teaching and non-teaching staff working in the Government aided schools of the State of West Bengal" and "Whether the payments of salary to the staff is the discretion of the employer or not or in other way whether an employee can dictate the payment to the employer". Further question was framed, namely, "Whether in adversary system of adjudication of the matter, the Court can consider any new question for rendering effective justice, particularly when money would be paid from the public exchequer."

(2.) The writ application originally was filed by the writ petitioners being total eight (8) in numbers, who were the employees of Mining & Allied Machinery Corporation Limited, a Government of India Enterprise under the department of Ministry of Heavy Industries and registered under Sec. 617 of the Companies Act, 1956, which now in liquidation in view of the decision on 20th Jan., 2001 being duly referred to the BIFR under the Seek Industrial Companies (Special Provision) Act, 1986, being posted in the different posts of Assistant Teachers of the school named and styled as Durgapur MAMC Girls' High School, Durgapur, respondent No. 4 herein. The following prayer was made in the writ application:-

(3.) An affidavit-in-opposition was filed by respondent No. 5, the Company, now in liquidation, being affirmed by Chairman cum Managing Director one Sri Arindam Mukherjee on 27th July, 2004 opposing the prayer of the writ application. A reply of such also was filed by the writ petitioners.