Parimal Mondal & Ors vs Mr. C.P. Tayal
2024 Latest Caselaw 4530 Cal

Calcutta High Court (Appellete Side)

Parimal Mondal & Ors vs Mr. C.P. Tayal on 4 September, 2024

Author: Debangsu Basak

Bench: Debangsu Basak

                    04.09.2024
                    Item No.55 with 56
                    Monthly List
                    Ct. No.26
                    CHC

                                                     CPAN 1108 of 2016
                                         IA NO: CAN/1/2020(Old No: CAN/4527/2020)
                                             CAN/2/2020(Old No: CAN/4528/2020)

                                                     Parimal Mondal & ors.
                                                              Vs.
                                         Mr. C.P. Tayal, General Manager, Chittaranjan
                                           Locomotive Works, Chittaranjan & ors.
                                                               in
                                                      WP.CT 218 of 2009
                                                               in
                                                      WP.CT 219 of 2009
                                                               in
                                                       WP.CT 73 of 2009
                                                              with
                                                      CPAN 1109 of 2016
                                         IA NO: CAN/1/2020 (Old No: CAN/4521/2020)
                                             CAN/2/2020(Old No:CAN/4523/2020)
                                                          CAN/3/2022


                                         Mr. Achintya Kr. Banerjee, Advocate
                                         Ms. Indumouli Banerjee, Advocate
                                                           ....for the petitioners
                                               in CPAN 1108 of 2016, CPAN 1109 of 2016

                                         Mr. Partha Ghosh, Advocate
                                                          ....for the alleged contemnors
                                                                   CLW

                                               1.

Petitioners complain of violation of judgment

and order dated July 24, 2015 passed in WPCT 218 of

2009 with WPCT 219 of 2009 and WPCT 73 of 2009.

2. Learned advocate appearing for the petitioners

draws the attention of the Court to the direction issued

in the judgment and order dated July 24, 2015. He

submits that, authorities initially did not pay the split

duty on the ground of the records allegedly not being

available. Thereafter, authorities paid for certain period

of time and now are refusing to pay the arrears.

Signed By :

CHINMOY CHAKRABORTY High Court of Calcutta 4 th of September 2024 05:49:16 PM

3. Learned advocate appearing for the alleged

contemnors submits that, the judgment and order

dated July 24, 2015 does not speak of arrears to be

payable.

4. We are unable to accept such contention

advanced on behalf of the alleged contemnors.

5. The issue decided by the judgment and order

dated July 24, 2015 is whether or not, the petitioners

were entitled to split duty allowances for the relevant

period. Relevant period would obviously include all

period of time that they worked.

6. Such issue was answered in the affirmative

and in favour in the petitioners. Therefore, split duty

allowance receivable by the petitioners in terms of the

judgment and order dated July 24, 2015 will mean for

every day employee concerned did split duty.

7. List the contempt petition on September 12,

2024 when the contemnors will submit a report as to

the entitlement of each of the petitioner and date of

payment in respect thereof.

(Debangsu Basak, J.)

(Md. Shabbar Rashidi, J.)

Signed By :

CHINMOY CHAKRABORTY High Court of Calcutta 4 th of September 2024 05:49:16 PM