PROVATENDU BANERJEE, SON OF LATE A.S. BANERJEE, RESIDENT OF SUBHAS NAGAR, P.O. SORISA PAHARI, P.S. CHIRKUNDA, DISTRICT DHANBAD AND ANR. Vs. EASTERN COALFIELDS LIMITED HAVING ITS HEAD OFFICE AT SANCTORIA, P.O. AND P.S. DISHERGARH, DISTRICT BURDWAN (WB). AND 4 ORS.

JUDGEMENT

(1.) Heard the parties.

(2.) The facts of the case are that petitioners were appointed sometime in 1999 by the order of Chairman-cum-Executive Officer, Madhupur Municipality on the post of Ward Jamadar, Road Collie and Sweeper (class IV posts) and they were getting salary regularly till February, 2002. In paragraph 26 of the writ application, it is stated that the Executive Officer, Madhupur Municipality verbally ordered to the Sanitary Inspector, Madhupur Municipality not to allow the petitioners to put their attendance on attendance register and stop payment of salary to them. Hence this writ application.

(3.) A counter affidavit has been filed by the respondent/Municipality but the statement made in para 26 of the writ petition has not been denied. In that view of the matter, I have no doubt in mind to hold that such verbal direction stopping payment of salary is wholly illegal, mala fide and unjustified.