Hasnath Ali vs State Of West Bengal & Ors
2024 Latest Caselaw 4497 Cal

Calcutta High Court (Appellete Side)

Hasnath Ali vs State Of West Bengal & Ors on 3 September, 2024

Author: Debangsu Basak

Bench: Debangsu Basak

                                     1




                    IN THE HIGH COURT AT CALCUTTA
                     CIVIL APPELLATE JURISDICTION
                            APPELLATE SIDE



Present:
The Hon'ble Justice Debangsu Basak
              And
The Hon'ble Justice Md. Shabbar Rashidi


                          M.A.T. 2174 of 2023

                               Hasnath Ali
                                   VS.
                       State of West Bengal & Ors.


For the Appellant                     : Mr. Asim Kumar Niyogi
                                        Mr. Vaskar Pal

For the State                         : Mr. Mukti Chandra Ghosh


Heard on                              : September 3, 2024



Judgment on                           : September 3, 2024



DEBANGSU BASAK, J.:-

   1.

Appeal is directed against the order dated May 4, 2023 passed in W.P.A.

1920 of 2023.

2. By the impugned order, learned Single Judge disposed of the writ petition

filed by the appellant. Learned Single Judge directed the authorities to pay

one month salary to the appellant in lieu of notice.

3. Learned advocate for the appellant submits that, the appellant was

engaged as a contractual employee. He refers to the Regulations governing

the services of the appellant. He refers to Clause 2.8 and in particular 2.8.1

thereof.

4. State is represented.

5. Admitted position is that the appellant was a contractual employee and

that his service conditions are governed by Clause 2.8 and in particular 2.8.1

thereof. Such Clause is as follows:-

"2.8 TERMINATION

2.8.1 Despite engagement of contractual employees, the services of such employees may be dispensed with by giving a notice of one month in writing or giving one month salary. The contractual employee can also quit service by giving one month notice or depositing one month salary."

6. Clause 2.8.1 allows termination of the contractual employment after giving

one month's notice or giving one month in lieu thereof.

7. In the facts of the present case, contractual employment of the appellant

was terminated without giving notice of one month. Consequently, learned

Single Judge directed payment of one month salary in lieu of such notice.

Such direction is in consonance with Clause 2.8.1 of the Regulations

governing the service conditions of the appellant.

8. In such circumstances, we find no merit in the present appeal.

9. M.A.T. 2174 of 2023 is dismissed without any order as to costs.

(Debangsu Basak, J.)

10. I agree

(Md. Shabbar Rashidi, J.)

S.D.