Smti. V.Vasanthi And ORS. v. The Honble Lt.Governor And ORS

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] *** MAT/14/2025 Smti. V. Vasanthi and Others Vs.

The Hon'ble Lieutenant Governor and Others Mr. Gopala Binnu Kumar ... for the appellants Mr. Shatadru Chakraborty, Sr. Adv.

Mr. Rakesh Kumar Mr. Dibesh Dwivedi ... for the respondents March 17, 2025 [SR] Item No.7 1.

The appeal is arising out of an order dated 6th November, 2024. The appellants claimed that they are entitled to 1/30th of minimum pay scale payable to the regular employees including dearness allowance in terms of the circular of the Administration.

2.

Mr. Gopala Binnu Kumar, learned counsel appearing on behalf of the appellants has submitted that the ground for denial by the Administration is without any substance inasmuch as the documents would reveal that they have been discharging the job of regular employees and would be entitled to 1/30th of minimum pay scale payable to the regular employees in terms of the circular dated 7th June, 1988. 3.

It is thus submitted that there was necessity for the appellants to refer the dispute under the Industrial Dispute for adjudication.

4.

Mr. Shatadru Chakraborty, learned counsel appearing on behalf of the Administration has submitted that having regard to the nature of the nature of employment the said circular is not applicable.

5.

We have heard the learned counsel for the parties. Considering the nature of dispute and the judgment cited in support of the claim of the writ petitioners which appears to be factually different from the case presently we are concerned with and having regard to the nature of dispute and employment of the writ petitioner, we are of the view that the dispute raised is required to be decided under the Industrial Disputes Act, 1947 6.

On such consideration, we are not inclined to interfere with the order of the learned Single Judge. Liberty granted by the learned Single Judge is preserved and the appellant may pursue the remedy under the Industrial Disputes Act, 1947. 7.

The appeal is accordingly disposed of.

( Soumen Sen, J. ) (Raja Basu Chowdhury, J. )