Andaman Sarvajanik Nirman Vibagh Mazdoor Sangh And Another v. The Honourable Lieutenant Governor And Others

IN THE HIGH COURT AT CALCUTTA

Constitutional Writ Jurisdiction Appellate Side [ CIRCUIT BENCH AT PORT BLAIR ] ...

WPA/9/2022 Andaman Sarvajanik Nirman Vibagh Mazdoor Sangh and another Vs.

The Honourable Lieutenant Governor and others Mr.Gopala Binnu Kumar ... for the petitioners Mr. Shatadru Chakraborty Mr. Ramendu Agarwal ... for the respondents December 20, 2022 [SR] Item No.3 The only question that remains for consideration is as to whether the Administration's order dated 8th August, 2019, as has been directed to be implemented by an order dated 3rd September, 2019 in WP No.13979(W) of 2019, has been complied with or not.

The only enforceable part of the order in this writ petition is that notwithstanding the order dated 3rd September, 2019, female daily rated mazdoors have been spared and deployed to the Electricity Department contrary to the said order dated 3rd September, 2019.

It is also submitted that the persons other than the junior most DRMs have been transferred to other departments.

Any order of transfer and deployment contrary to the above, undertaking as recorded in the order dated 3rd

September, 2019, shall stand quashed. Only transfer of junior most DRMs shall be permitted by the APWD to other departments and female DRMs may not be transferred at all. Those who have been transferred and re-deployed to the other departments, contrary to the above, shall be forthwith re-deployed back in the APWD.

The claim of the transferred petitioners that they were not receiving any dues that were paid to them at the APWD at the newly deployed place of work is an industrial dispute that may be raised in accordance with law under the provisions of the ID Act.

The dispute as regards provident fund deposits under the provisions of the Employees Provident Funds and Miscellaneous Provisions Act, 1952 may also be raised before the authorities under the said statute. The engagement of the petitioners in APWD, shall be subject to the rules and practices of engagement of the DRMs being followed thereat.

With the aforesaid observations, WPA/9/2022 stands disposed of without any order as to costs.

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

( Rajasekhar Mantha, J. )