Calcutta High Court (Appellete Side)
Samsur Rahaman vs The West Bengal Poultry on 31 July, 2019
Author: Amrita Sinha
Bench: Amrita Sinha
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Item. 8 31.07.2019 W.P. No. 10352 (W) of 2019
sd
Ct 24.
Samsur Rahaman vs. The West Bengal Poultry
Federation & Ors.
Ms. Rima Das
..For the petitioner.
Mr. Arjun Roy Mukherjee
Mr. J. Acharya
..For the State.
Ms. Sonal Sinha
..For the respondent nos. 1 and 2.
The petitioner is a contractual employee of the West Bengal Poultry Federation. He was appointed by a communication of the Federation dated 13th. October 2018. A complaint was lodged against him before the police station on 7th May 2019 u/s. 448/376 IPC. The petitioner was informed not to report to work till finally acquitted by the Court. The petitioner prays for revocation of the said order that was passed against him by the said Federation.
A preliminary objection has been raised be the respondents as regards to the maintainability of the writ petition before this court.
The petitioner relies upon the judgment delivered by the Hon'ble Supreme Court in the matter of Andi Mukta Sadguru Shree Muktajee Vandas Swami 2 Suvarna Jayanti Mahotsav Smarak Trust and Others vs. V.R. Rudani and Others reported in (1989) 2 SCC 691 paragraphs 15, 17, 20 and 22.
Reliance has also been placed on an unreported judgment delivered by the Hon'ble Single Judge of this Court on 16th May 2019 in W.P. No. 11280 (W) of 2018 (Dr. Sankar Prosad Mukherjee vs. Moulana Abul Kalam University & Others) to impress upon the Court that the writ petition under Article 226 of the Constitution of India will be maintainable against the respondents.
On perusal of the averments made in the writ petition and upon hearing the submissions made on behalf of both the parties, it appears that the West Bengal Poultry Federation was set up under the Societies Registration Act, 1961. The Federation does not receive any financial grant or aid from the State Government. It is an absolute private entity. The petitioner is a temporary contractual employee of the said Federation and service of the petitioner is not governed by the service regulation of the State.
Considering the ratio of the aforesaid decisions I am not convinced that the writ petition will be 3 maintainable against the Federation. The State Government neither exercises any administrative control over the affairs of the Federation nor extends any financial relief/grant in favour of the Federation. The Federation functions absolutely as a private body. The petitioner also does not perform any public duty. The appointment of the petitioner is in the realm of a private contract in between the parties, with no public element involved in it.
In view of the above, it can be safely concluded that the West Bengal Poultry Federation will not be amenable under Article 226 of the Constitution of India.
The writ petition fails and is hereby dismissed. However, dismissal of the writ petition will not stand in the way of the petitioner from approaching the appropriate forum for redressal of his grievances, if so advised.
Urgent photostat certified copy of this order be given to the parties, if applied for, upon compliance of necessary formalities.
( Amrita Sinha, J. ) `` 4