United Movement Of Employees And Teachers West Bengal (12th July Committee) And ORS v. State Of West Bengal And ORS.

D/L 176 20.05.2025 Kausik ct.no.35 W.P.A. 11476 of 2025 United Movement of Employees and Teachers, West Bengal (12th July Committee) & Ors.

Versus

The State of West Bengal & Ors.

Mr. Samim Ahamed Ms. Gulsanwara Pervin Ms. Saloni Bhattacharjee Mr. Arka Ranjan Bhattacharya ...for the petitioners.

Mr. Swapan Banerjee, AGP Ms. Sumita Shaw Mr. Diptendu Narayan Banerjee Mr. Soumen Chatterjee ...for the State.

Petitioner advanced a prayer to the Joint Commissioner of Police Headquarters on 16.05.2025 for holding a meeting at Dorina Crossing (Esplanade) at 5.00 p.m. Petitioner in the writ petition prayed that the said meeting would raise the following demands :-

1. For abrogation of Anti-Worker Labour Code.

2. Against privatization of nationalized industries including financial sector.

3. For withdrawal of New Pension scheme and re-introduction of old pension system.

4. Full realization of outstanding Dearness Allowance payable to employees and teachers.

5. For regularization of contractual job workers.

It has been contended that a gathering of 400 people would be present in the meeting proposed to be organized under the umbrella of petitioner no. 1 who is represented by the petitioner no. 2. Since the petitioners did not receive any response in respect of the applications so submitted, they have approached this Court.

However during the submissions Learned advocate for the petitioners agreed that if at the Dorina Crossing there are certain issues relating to traffic congestion petitioners are ready to organize the meeting at Metro Channel.

Mr. Swapan Banerjee, learned Additional Government Pleader appearing on behalf of the State opposes the contentions and submits that both the venue so proposed by the petitioner between 5.00 p.m. to 7.00 p.m. are bound to cause traffic congestion. The police authorities did not allow any organization to conduct any such meeting during the last five months. However, alternative proposals have been forwarded by the State to conduct the programme at 'Y' Channel, which is facing a different road or at Rani Rashmoni Avenue, Southern Flank.

I have considered the submissions of the petitioner as well as the learned advocate appearing on behalf of the State and is of the opinion that the petitioners along with 400 persons as prayed for would be at liberty from 5.00 p.m. onwards till 7.00 p.m. to conduct their programme at 'Y' Channel adjacent to Old Tram Depot. In case of security deposit and/or permission if required from the Army or the KMC, the same is waived as there is shortage of time and only one hour is left. The same would be deemed to have been granted for the restricted purposes of only this case and will not operate as a precedent in other cases.

With the aforesaid observations WPA 11476 of 2025 is disposed of.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court.

(Tirthankar Ghosh, J.)