CALCUTTA METROPOLITAN DEVELOPMENT AUTHORITYS KARMACHARI UNION Vs. CALCUTTA METROPOLITAN DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) This writ petition has been filed by Calcutta Metropolitan Development Authority's Karmachari Union, a registered Trade Union represented by its President and General Secretary, the respondent Nos.2 and 3 and the petitioner Nos.4 to 10 with a prayer for regularization of the service of the petitioner Nos.4 to 10 and the members of the said Karmachari Union.

(2.) The petitioner has stated that near about 160 members of the said Union including the petitioner Nos.4 to 10 have been working as Pump Operators, Guards and Attendants in different pump houses under Calcutta Metropolitan Development Authority those who were initially enrolled as Home Guards under the Department of Home (Civil Defence), Government of West Bengal during the period between 1972 and 1975. Sometimes after their enrolment as Home Guards these persons were called out on duty by the Deputy Commissioner of Police (Home Guard) for operation and guarding of deep tube wells constructed, maintained and supervised by the Calcutta Metropolitan Development Authority, now known as Kolkata Metropolitan Development Authority (hereinafter to be referred to as the said Authority) on daily allowance basis in pursuance of requisition and/or demand made by the said Authority as the said Authority felt the necessity of some efficient and disciplined workers for operation of pump and protection of its valuable properties. It has been stated by the writ petitioners that after establishment of Kolkata Metropolitan Development Authority under Calcutta Metropolitan Development Authority Act, 1972 (hereinafter referred to as the 'said Act' of 1972) the said Authority engaged nearly 600 muster roll workers during the period from 1972 to 1975 for operation and guarding of tube wells constructed and/or maintained by the said Authority as also some Office Assistants, Attendants, Sweepers and others. Out of the said 600 muster roll workers about 150 workers were drawn from the Public Health Engineering Department, about 200 were drawn from Public Works Department and about 250 workers were drawn from the Home Guards. In addition to the aforesaid 600 muster roll workers the said Authority itself engaged some more muster roll workers directly for operation and guarding of deep tube wells on daily allowance basis. It is stated that all the aforesaid 600 muster roll workers were regularized and/or absorbed by the said Authority in the regular salaried establishment excepting the petitioners who have been working as Pump Operators, Guards and Attendants in different pump houses and sector offices under the said Authority. It is the case of the petitioner that the petitioners were all Home Guards and were engaged for working as Pump Operators, Guards and Attendants from 1972 to 1975 and they were engaged on the requisition made by the said Authority to the Deputy Commissioner of Police (Home Guard) for the said purpose. It is not in dispute that petitioners were engaged in their capacity as Home Guards when the Deputy Commissioner of Police (Home Guard) called out them on duty for operation and guarding of deep tube wells constructed, maintained and supervised by the said Authority on daily allowance basis as it was initially agreed at the time of engagement.

(3.) It has been submitted on behalf of the petitioner that initially a command certificate was being issued which was to remain valid for 90 days at the time of requisition of the said Home Guards who used to operate the pumps and discharge other functions as aforesaid but subsequently, the said Home Guards continued the function in their placed of work and no further command certificates were being issued as a result, the Home Guards those who were initially requisitioned, continued their work in the same place under the said Authority without the command certificate from the Police Authorities or from the Deputy Commissioner of Police (Home Guard). But fact remains that the petitioners all through continued their work as Home Guards and not in any other capacity. Annexure-A to the writ petitioner discloses the details of the said Home Guards as regards the date of joining the Headquarters and the date of joining Kolkata Metropolitan Development Authority and also their place of posting and nature of job etc. It has been stated in the writ petition that although, the said Home Guards have been working as Pump Operators, Guards and Attendants since 1972 to 1975 on daily wage basis at a stretch and without any break, the said Home Guards have not been regularized and/or absorbed in the regular establishment by the said Authority on the ground that they were drawn from the Home Guards on deputation basis. The writ petitioners claimed that the said Authority cannot shirk their responsibility by describing them as deputationists holding lien to their permanent post of Home Guards. It has been also stated that some of the members of the petitioner No.1, after rendering long 20 years of service with the said Authority, have already been superannuated upon attaining the age of 60 years without any retiral benefits, although, the said members of the petitioner No.1 were legally entitled to the retirement benefits as such gratuity, provident fund, pension, but they were refused without any justification.