Parimal Mondal & Ors vs Mr. C.P. Tayal
2024 Latest Caselaw 4701 Cal

Calcutta High Court (Appellete Side)

Parimal Mondal & Ors vs Mr. C.P. Tayal on 12 September, 2024

Author: Debangsu Basak

Bench: Debangsu Basak

                 DL-1 wt2 wt3

                 12.09.2024
                                                 CPAN 1108 of 2016
                 Court No.26                            With
                 (AD)           IA No.: CAN 1 of 2020 (Old No.: CAN 4527 of 2020)
                                IA No.: CAN 2 of 2020 (Old NO.: CAN 4528 of 2020)
                                               Parimal Mondal & Ors.
                                                         Vs.
                                   Mr. C.P. Tayal, General Manager, Chittaranjan
                                      Locomotive Works, Chittaranjan & Ors.
                                                         in
                                                 WP.CT 218 of 2009
                                                        With
                                                 CPAN 1109 of 2016
                                                        With
                                 IA No.: CAN 1 of 2020(Old No.:CAN 4521 of 2020)
                                IA No.: CAN 2 of 2020 (Old No.: CAN 4523 of 2020)
                                                IA No.:CAN 3 of 2022

                                            Zarrar Ahmed Khan & Ors.
                                                       Vs.
                                  Mr. C.P. Tayal, General Manager, Chittaranjan
                                     Locomotive Works, Chittaranjan & Ors.
                                                        in
                                               WP.CT 219 of 2009
                                                      With
                                                WP.CT 73 of 2009


                                    Mr. Achintya Kumar Bannerjee
                                    Ms. Indumouli Banerjee
                                                     ... for the petitioners

                                   Mr. Partha Ghosh
                                   Mr. Amal Kumar Datta
                                   ...for the respondents railways/alleged contemnors.

1. Affidavit called for by the order dated September

4, 2024 filed in the Court be taken on record.

2. Learned Advocate appearing for the alleged

contemnors submits that, there are certain

practical difficulties in complying with the order.

He points out that some of the employees retired.

Some expired in the meantime. Moreover, it is

difficult to find the records for the relevant period.

3. Learned Advocate appearing for the alleged

Signed By :

ABHIJIT DAS High Court of Calcutta 13 th of September 2024 01:14:30 PM

contemnors submits that, in the event any of the

petitioners assist the administration in the

matter, it would be welcome.

4. Learned Advocate appearing for the petitioners

submits that, Mr. Rajiv Kumar (Ch.O.S.-17 shop),

Mr. T.P. Singh (Ch.O.S.-97 shop) and Z.A. Khan

(Ex.-Ch.O.S.-52 shop) may be permitted to

represent all the petitioners before the

management.

5. A workable solution needs to be put in place to

overcome the impasse. In our view, it would be in

the interest of justice to permit Mr. Rajiv Kumar

(Ch.O.S.-17 shop), Mr. T.P. Singh (Ch.O.S.-97

shop) and Z.A. Khan (Ex.-Ch.O.S.-52 shop) to

assist the management in complying with the

judgment and order dated July 24, 2015.

6. No doubt, the three persons named in this order,

will obtain prior authorization from the persons

concerned.

7. Disbursements are to be made to the persons

concerned directly and in the event of death of

any person then to the heirs and legal

representatives.

8. None of the three persons named in this order will

be entitled to receive any entitlement of any

person. Their role is to assist the management in

determining the quantum receivable by an

individual employee.

Signed By :

ABHIJIT DAS High Court of Calcutta 13 th of September 2024 01:14:30 PM

9. List the contempt petition in the monthly list of

October, 2024.

(Debangsu Basak, J.)

(Md. Shabbar Rashidi, J.)

Signed By :

ABHIJIT DAS High Court of Calcutta 13 th of September 2024 01:14:30 PM