Rama Prasad Sarkar vs State Of West Bengal And Ors
2023 Latest Caselaw 2589 Cal

17.04.2023
Item No.6
gd/ssd
                              WPA(P)/157/2023
                           RAMA PRASAD SARKAR
                                     VS
                       STATE OF WEST BENGAL AND ORS.

                Mr. Rama Prasad Sarkar
                                            ... Petitioner (In Person).

                Mr. S.N. Mookherherjee, learned Advocate General,
                Md. T.M. Siddiqui,
                Mr. D. Ghosh,
                Ms. A. Pandey
                                     ... for the State.

                Mr. Sudipta Dasgupta,
                Mr. Bikram Banerjee,
                Mr. Arka Nandi,
                Mr. Sagar Dey
                                        ... for the Respondent No.4.

1. By this public interest litigation the

petitioner is a practicing Advocate of this Court has

sought for issuance of a Writ of Mandamus to direct the

4th respondent to prevent the implementation of

"Bandh" called on 10th March, 2023 and 6th April,

2023.

2. The petitioner appearing in person would

submit that on account of strike called by the 4th

respondent/Federation of employees the innocent

public are put to serious prejudice and has caused

great economic loss to the State which cannot be

compensated. It appears that the 4th

respondent/Federation has given a call for conducting

a cease work on the aforementioned dates highlighting

the main issue with regard to the dearness allowance.

3. On the last hearing date, namely, 6th April,

2023 when the matter was heard, we suggested to the

learned Advocate General that the State Government

can consider inviting the office bearers of the 4th

respondent/Federation for a dialogue. However, on

account of no staff members reporting for duty on the

said date, we were unable to pen down an order on 6th

April, 2023.

4. However, learned Advocate General was

fair enough to state that no written orders need be

passed and he will do the needful in the matter.

5. When the case is taken up today, the

learned Advocate General has submitted that the State

will hold a dialogue with five nominees of the 4th

respondent/Federation and on behalf of the State a

Committee headed by the Chief Secretary of the

Government of West Bengal will be constituted and

date will be fixed for conducting the dialogue.

6. The office bearer, Mr. Bhaskar Ghosh,

convener of the 4th respondent/Federation is present in

Court.

7. This Court made certain observations as

to how the cease work which was conducted on 10th

March, 2023 and 6th April, 2023 had affected the

functioning of this Court not to say about the other

offices of the State Government.

8. The writ petitioner appearing in person

submitted that the Government has issued an order

that employees who do not report for work will lose

their salary and their absence will be treated as break

in service.

9. We are not here to make any observation

in this regard and it is for the State Government to act

in accordance with law. We have reasoned out to Mr.

Bhaskar Ghosh, convener of the 4th

respondent/Federation that the issue relating to the

dearness allowance is now pending before the Hon'ble

Supreme Court in an appeal filed by the State of West

Bengal against the judgment of the Hon'ble Division

Bench of this Court and it may not augur well for the

Federation or its affiliates to call for pen down, strike or

cease work, especially when the matter is subjudice

before the Hon'ble Supreme Court. We hope and trust

that this observation made by us will be taken in the

right spirit by the 4th respondent/Federation. Without

prejudice to the rights of the parties, the

representatives of the 4th respondent/Federation are

directed to participate in the dialogue with the State

Government with the Committee constituted by the

State Government headed by the Chief Secretary of the

Government of West Bengal and whatever discussion is

being made during those proceedings will not in any

manner impinge upon the rights of the employees or

that of the State Government which has filed an appeal

before the Hon'ble Supreme Court. The State

Government shall fix a date for the meeting within ten

days from date and intimate the convener of the 4th

respondent/Federation so that five of its nominees can

participate in the meeting on the date, time and place

fixed by the Chief Secretary of the Government of West

Bengal.

10. The learned Advocate appearing for 4th

respondent/Federation submitted that the observation

made by this Court should not be taken to be a

direction on the State Government.

11. We are clear in mind that we have not

issued any direction and we had only recorded the

submission made by the petitioner pointing out an

order passed by the State Government and the

observation made by us to the 4th

respondent/Federation was to the effect that we hope

and trust that the observation would appeal to the 4th

respondent/Federation. This clarification is issued in

the light of the submissions made by the learned

Advocate for the 4th respondent that right to conduct a

peaceful strike is a fundamental right in terms of the

relevant Rules framed in the State.

12. With the above direction, the writ petition

stands disposed of.

(T. S. SIVAGNANAM) ACTING CHIEF JUSTICE

(HIRANMAY BHATTACHARYYA, J.)