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Calcutta High CourtWPA/5532/2020disposed

Munna Dhanuk v. Union Of India & ORS

2021-02-05Hon'Ble Justice Rajasekhar Mantha2 pages

as 05.02.2021 W.P.A.5532 of 2020 Munna Dhanuk Vs.

The Union of India & Ors.

With CAN 1 of 2020 (Old CAN 4945 of 2020) Mr. Debajyoti Deb, Ms. Rupsha Bhowmik.

...for the Petitioner.

Mr. Sourav Mondal.

...for the UOI.

Mr. Amaresh Bag, Mr. Pritam Chowdhury.

...for the BSNL.

Liberty is given to the learned Advocate-onrecord of the petitioner to correct the cause title of the petition.

The petitioner claims to have worked with the BSNL Office at Joka Telephone Exchange as a Sweeper under a Contractor since 1995 albeit with some limited breaks. The petitioner claims that his employment is perennial in nature and has been serving continuously for the last 25 years and he is entitled to be absorbed in the employment of the BSNL. The petitioner made representations dated 4th December, 2017 and 14th January, 2020 before the appropriate authority. Counsel for the BSNL submits that the

petitioner's work is in fact perennial in nature and has been serving under the Contractor, respondent no.6 engaged by the BSNL for a long period of 25 years.

Let the aforesaid representations be considered in accordance with law by the Chief General Manager, South, BSNL in accordance with the relevant provisions of the Contract Labour (Regulation and Abolition) Act.

With the aforesaid observation, the writ petition is disposed of.

In view of the disposal of the writ petition, the connected application, being CAN 1 of 2020 (Old CAN 4945 of 2020) is also disposed of.

There shall be no order as to costs.

Urgent photostat certified copy of this order, if applied for, be given to the parties on usual undertaking.

(Rajasekhar Mantha, J.)