Susanta Ghosh And ORS. v. The State Of West Bengal And ORS.

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE 22 02.5.2025 Sc Ct. no.2 WPA 8985 OF 2025 ------------- Susanta Ghosh & Ors.

Vs.

The State of West Bengal & Ors.

Mr. Samim Ahammed Ms. Ambiya Khatun Mr. Asif Ikbal Baidya Mr. Md. Nasirul Haque.

....For the Petitioners Mr. Sk. Md. Galib, Mr. Alok Banerjee.

....For the respondent No.1/State Ms. Parna Roy Choudhury Ms. Payel Ghosh.

....For the Respondent Nos. 2 & 3/SFDCL Affidavit-of-service, filed in Court today, is taken on record.

Subject to payment of deficit Court Fees by the petitioner who have not paid, this order shall be effected. Mr. Samim Ahammed, learned counsel with Ms.

Ambiya Khatun, learned advocate appears for the petitioners.

Mr. Sk. Md. Galib, learned Senior Government Advocate appears for the respondent State.

Ms.

Parna Roy Choudhury, learned counsel appears for the respondent nos. 2 and 3.

The petitioners claim that they have worked as the Daily Rated Workers under the different projects of the

respondent nos. 2 and 3. The petitioners contend that still they are working but were paid only for the period first up to May, 2022 and then from July, 2023 to February, 2024. The petitioners claim their unpaid agreed wages.

In view of the above, the respondent no.2 upon verification of the records of employment of the petitioners to be produced before him by the concerned Project Directors of the projects shall first decide the working period for which the petitioners worked actually. Thereafter, on the basis of such fact finding inquiry, the respondent no.2 shall pay the wages at the agreed rate to each of such petitioners who found to be eligible to be paid in accordance with law.

The entire exercise including the disbursement of payments to the wage earners shall be carried out and completed by the respondent no.2 positively within a period of six weeks from the date of communication of this order.

It is made clear that, this order shall not create any right or equity in favour of the petitioners but in the event it is found that the petitioners have worked but not paid, the agreed wages shall be and must be paid to them in accordance with law.

Since affidavits are not called for, the allegations made in the writ petition are deemed not to have been admitted by the respondents.

With the above observations and directions, this writ petition, WPA 8985 of 2025 stands disposed of, without any order as to costs.

Photostat certified copy of this order, if applied for, be furnished expeditiously.

(Aniruddha Roy, J.)