Mithun Malakar & Ors vs Union Of India & Ors
2022 Latest Caselaw 788 Cal

   14                    IN THE HIGH COURT AT CALCUTTA
23.02.2022
  Ct 23                 CONSTITUTIONAL WRIT JURISDICTION
   pg.                          APPELLATE SIDE

                                  WPA 1945 of 2022

                                 Mithun Malakar & Ors.
                                           Vs.
                                  Union of India & Ors.


                         Mr. Kushal Chatterjee
                         Mr. Imdadul Hoque
                                    .... For the Petitioners

                         Mr. Naba Kumar Das
                                    ... For the South Eastern Railway.


                   Affidavit of service filed in Court today is taken on

             record.


                   The court fees paid is found to be sufficient.


                   The petitioners claim to be Group "D" staff engaged

             as contract laboures by the South Eastern Railway

             Authorities. The petitioners say that as Group "D" staff,

             the petitioners are performing the same nature of work i.e.

             perennial nature of work as performed by the parcel

             porters engaged in the Railways. The petitioners therefor

             say that their case for regularization should also be

             considered in view of the provisions of Contract Labour

             (Regularization and Abolition) Act, 1970 (hereinafter

             referred to as 1970 Act) in the light of the judgment of the

             Hon'ble Supreme Court in regard to the regularization of

             service of Parcel and Goods Porters reported in (2018) 18

             SCC 168 (Rambhajan Das v. Union of India). The

             petitioners also refer to an order of the Hon'ble Supreme
                               2




Court dated 20th November, 2020, wherein the case of the

Railway Parcel and Goods Porters was considered. The

Hon'ble Supreme Court in the said order has observed as

follows:-


           "Insofar as any other category of persons is
      concerned, it is for them to work out their legal
      remedies, if any, in accordance with law".

      The petitioners, therefor, have approached this

Court to seek their legal remedies, in accordance with law.


      After hearing the parties and considering the

materials on record, I direct the petitioners to approach

the respondent no.4, being the Deputy Chief Labour

Commissioner, with all the issues raised in this writ

petition as may be permissible in law, within a period of

three weeks from date.

In the event, the petitioners approach the

respondent no.4 within such timeframe, the respondent

no.4 shall consider the representation and/or application

so to be made by the petitioners within a period of eight

(8) months from the date of such representation and/or

application being made. The representation and/or

application shall be disposed of by a reasoned order after

affording the petitioners a reasonable opportunity to

represent by observing the prevalent Covid-19 protocol.

The reasoned order shall be communicated to the

petitioners within fifteen days from the date of passing of

the same.

Nothing further remains to be adjudicated in this

writ petition. The same is disposed of accordingly without

any order as to costs.

Since I have not called for any affidavit, allegations

made in the writ petition are deemed to have not been

admitted.

Urgent photostat certified copy of this order, if

applied for, be given to the parties upon compliance of

necessary formalities.

(Arindam Mukherjee, J.)