Raghunath Rajbhar v. The State Of West Bengal And ORS.

05.03.2025 Item No.5 BR WPA 4342 of 2025 Raghunath Rajbhar -vsThe State of West Bengal and ors.

Mr. Koushik Banerjee .... For the petitioner Mr. Vimal Kumar Shahi, Ld. AGP, Ms. Rupsha Chakraborty ... for the State Affidavit of service filed by the petitioner be kept with the record.

The present writ application has been preferred praying for direction upon the State Authorities to grant all the dues to which the petitioner is lawfully entitled including the provident fund accumulation and also monthly pension as per the Employees' Pension Scheme,1995.

Learned counsel for the State has appeared and submitted a report wherein it appears that in spite of being given sufficient opportunity the petitioner failed to comply with the notice of the State Authorities and as such the company

stopped his wages on and from June 2017 due to his unauthorized absence.

It is stated by the State Authority that date of discontinuation of the service of the petitioner is to be taken as 1.1.2017, by virtue of a notice of termination served by the authority. So it appears that the petitioner has been terminated from his service as on 1.1.2017.

On being terminated, the petitioner preferred a representation on 18.12.2024 praying for his dues.

It is submitted that till date he has not been granted his termination dues.

Learned counsel for the State has submitted that they are ready to give a hearing and dispose of the matter in accordance with law and if there are any dues to which the petitioner is entitled, the same shall be duly processed.

In view of the said submissions and the materials on record, the writ application is disposed of with the direction that the authority concerned being the Managing Director, National Iron and Steel Company Limited shall consider the representation of the petitioner dated 18.12.2024 and while deciding the said representation will also consider to all other dues to which the petitioner is entitled, in accordance with law and pass a reasoned order by hearing

all the parties including the petitioner herein and take necessary steps to process the same expeditiously.

The said respondent is directed to make all efforts to dispose of the said matter within 60 days from the date of communication of this order.

In case a copy of the representation is not available with the authority concerned the petitioner is at liberty to file a copy of the same.

Parties are to act on the server copy of this order.

Urgent Photostat certified copy of this order, if applied for be given to the learned counsel for the parties on usual undertakings.

( Shampa Dutt (Paul), J. )