Calcutta High Court (Appellete Side)
7.13 (Sri Kedar Nath Yadav vs State Of West Bengal & Ors.) on 11 July, 2013
1
W. P. 6245 (W) OF 2010
11.07.13 (Sri Kedar Nath Yadav -vs- State of West Bengal & Ors.)
ag/jb
Sl.No.23
Mr. Rajarshi Halder
Miss. Prakrita Deb
Mr. Sankar Lal Khanra - for the petitioner
Mr. Tapan Kumar Mukherjee
Mr. Bikash Kumar Mukherjee - for the State
Mr. Mihir Kundu - for the P. F. Authority
The writ petition has been filed by the petitioner by way of
Public Interest Litigation. The prayer has been made in the writ
petition for monetary compensation as payable under the scheme to
those victim families who already died in Gouripur Jute Mill due to
closure of the Jute Mill. Prayer has also been made to direct the
respondents to extend facilities of medical treatment and to meet
other lawful demands of the workers. Prayer has also been made to command C. B. I. to investigate the entire economic affairs of the said jute mill with respect to cheating the service benefits etc. of 5,000 workers.
The District Magistrate has filed the Report on 8.7.2010 in compliance with the order dated 11.6.2010 passed by this Court. In the said report it has been mentioned that provident fund account used to be maintained by the Board of Trustees of the Company. M/s. Gouripur Company Limited was an establishment exempted from the operation of EPF Scheme, 1952. The said Mill was closed in the year 1997 and had gone into liquidation. The workmen of the company did not get their P. F. dues, which became a long standing dispute. There were several litigations. Rs.10 crores has been realised by the P.F. authorities against the anticipated amount of around Rs.18 crores.
It has also been mentioned in the said Report that Government has taken measure to give relief to the families of the erstwhile 2 workers. The Gouripur Company Limited has been included in the Financial Assistance for Workers of Locked out Industries, 1998 Scheme, 1998 (hereinafter referred to as the 'FAWLOI Scheme of 1998'), run by the Labour Directorate, Government of West Bengal. Under the FAWLOI Scheme of 1998, the eligible workers of the locked out Industries are provided with financial assistance at the rate of Rs.1500/- per month. 806 eligible workmen/nominees of the deceased workmen of the company are being provided with financial assistance from the office of Deputy Labour Commissioner, Kalyani regularly. Muster Roll/acquaintance of receipt of such assistance for the month 1.1.2010 to 31.3.2010 has been placed on record.
Affidavit-in-opposition has been filed by the respondent no.4. An affidavit has also been filed pursuant to the direction of this Court by the petitioner.
We have heard the learned counsel for the parties. It was submitted by the learned counsel appearing on behalf of the petitioner that there should not be starvation deaths. The FAWLOI Scheme of 1998 is not being properly implemented. There are approximately 5000 workers who are entitled to the benefits under the FAWLOI Scheme of 1998. At present benefit is being given only to approximately 441 employees, whereas in the Report filed by the District Magistrate on 8.7.2010 it has been indicated that there were 806 beneficiaries. The number of the beneficiaries has been reduced. There are several other incumbents who are entitled to the benefits under the FAWLOI Scheme of 1998. They are being illegally deprived of the benefits of the FAWLOI Scheme of 1998. Thus, direction be issued to the respondents to extend the benefit of the FAWLOI Scheme of 1998 to all the incumbents who are entitled for the benefit. 3
The learned counsel appearing on behalf of the State has submitted that needful is being done and the benefit is being extended to the eligible beneficiaries.
After hearing the learned counsel for the parties, it appears that in the year 2010 benefit was extended to 806 beneficiaries. Now benefit is being confined to 441 beneficiaries only. This state of affairs cannot be said to be very happy.
Let Assistant Labour Commissioner, Kalyani, examine the aforesaid aspects within a period of one month from today as to why the number of beneficiaries has been reduced from 806 to 441 and pass a reasoned order in this regard why there is reduction of the number of the recipients of the benefits under the FAWLOI Scheme of 1998. In the case prima facie it appears that 806 eligible workers/nominees of the deceased workmen of the company were receiving the benefits, the number should not be drastically reduced to 441. Thus, the aforesaid aspect be examined by the Assistant Labour Commissioner and reasoned order be passed why the number has been reduced after objective assessment of the matter within a period of six weeks from today.
As it is claimed that there are approximately 5000 incumbent/nominees/beneficiaries entitled to the benefit of the FAWLOI Scheme of 1998, but they are not being extended the benefit, in case any claim is made with the Assistant Labour Commissioner, Kalyani, by such incumbents who are entitled to and are being illegally deprived, their cases are to be examined by the Assistant Labour Commissioner for extending the benefits under the FAWLOI Scheme of 1998 within a period of three months from the date the claim is made and in case they are entitled to the benefits under the FAWLOI Scheme of 1998 be also extended to them. It is ensured that 4 the monthly amount will be paid regularly as envisaged in the FAWLOI Scheme of 1998.
With the aforesaid directions on the points raised as above, the writ petition is disposed of.
Let photostat plain copy of this order duly countersigned by Assistant Registrar (Court) be handed over to Mr. Mukherjee, learned counsel appearing for the State, for communication.
Urgent photostat certified copy of this order, if applied for, be furnished on priority basis.
(Joymalya Bagchi, J.) (Arun Mishra, Chief Justice)