Writ petition dismissed. The court held that a contract employee of a non-governmental society is not entitled to claim leave encashment under state rules, and such civil disputes barred by delay cannot be entertained in writ proceedings.
Writ petition dismissed; no relief granted.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
09.04.2021
Court No.13
rpan/75
(via video Conference)
WPA 2118 of 2021 Indranil Ghosh – Versus – State of West Bengal & Ors.
Ms. Manika Roy
For the petitioner. Mr. Joytosh Majumder, Ld. G. P., Mr. Biswabrata Basu Mallick, Ms. Kakali Samajpati
For the State.
The writ petitioner has been employed with an organization called Roopkala Kendro as a faculty member. The Roopkala Kendro is a registered society under the Department of Information and Cultural Affairs, Government of West Bengal. The society is stated to have adopted a resolution that the provisions of the WBSR would apply to its employees till such time the formal Rules are not framed. No copy of the resolution has been produced.
Admittedly, the writ petitioner was never an employee of the State Government. Reliance placed by the petitioner on WBSR to claim that he was a Govt. servant and is entitled to leave encashment is misplaced. The writ petitioner was engaged on contract as a faculty member by the said society. The petitioner has resigned from the services of the society on 19th July, 2013, terminating the contract of employment.
2
Counsel for the petitioner submits that her client was paid all dues, except Leave Encashment and has filed this writ petition seeking to enforce the contract after seven years of resignation. The writ petition is otherwise barred by delay and laches.
Since a contract of employment is governed by civil law and the evidence is required to be led to establish the claim of the petitioner, the grievance of the petitioner cannot be entertained in the writ petition. Even in civil law, the petitioner’s claim may be barred by limitation.
For the reasons aforesaid, no relief can be granted in the instant proceedings.
Accordingly, the writ petition is dismissed.
There will be no order as to costs.
Urgent photostat certified copy of this order, if applied for, be given to the parties upon compliance of all requisite formalities.
(Rajasekhar Mantha, J.)
3 issues framed by the court
Whether a writ court can entertain a claim for leave encashment filed seven years after resignation by a contract employee of a society.
Whether the enforcement of a service contract falls within the writ jurisdiction.
Whether the petition is barred by delay and laches.
Indranil Ghosh
State of West Bengal
Rajasekhar Mantha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
