Swapna Hazra And ORS. v. State Of West Bengal And ORS.

19.06.2023 IN THE HIGH COURT AT CALCUTTA DL-59 CONSTITUTIONAL WRIT JURISDICTION (PP) APPELLATE SIDE WPA 5738 of 2023 Swapan Hazra & Ors.

Vs.

The State of West Bengal & Ors.

Mr. Samim Ahammed, Mr. Arka Maiti, Mr. Aniruddha Singh, Ms. Ambiya Khatun ...for the petitioners.

Ms. Chaitali Bhattacharya, Mr. Manas Kumar Sadhu ....for the State.

Ms. Santi Das, Mr. R. D. Bhowmick ....for the respondent nos.2 & 3.

The petitioners' grievance is that they are daily rated workers of State Fisheries Development Corporation Limited (SFDCL). Despite rendering their services, their wages have not been released between May 2022 till January 2023.

It is submitted by Ms. Das, learned counsel appearing on behalf of SFDCL that the entitlement of the petitioners is not in dispute. However, due to financial constraints the respondent no.2/Corporation has not paid the wages of the petitioners.

Considering the submissions of the parties and the materials placed on record, this Court is of the view that the arrears of wages/salary of the petitioners have to be paid by the respondent

no.2/Corporation. The same cannot be kept pending indefinitely by citing financial difficulties. Let such arrears be paid within 3 months from the date of the order.

With the directions aforesaid, WPA 5738 of 2023 is disposed of.

Since no affidavits have been directed to be exchanged in the writ petition, the allegations contained therein are deemed not to have been admitted by the respondents.

All parties shall act on the server copies of this order duly downloaded from the official website of this Hon'ble Court.

Urgent photostat certified copies of this order, if applied for, be supplied to the parties upon compliance of all necessary formalities.

(Lapita Banerji, J.)