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SUBRATA TALUKDAR, SUPRATIM BHATTACHARYA
Calcutta Dock Labour Board – Appellant
Versus
Tarun Kumar Mazumdar – Respondent
JUDGMENT :
Subrata Talukdar, J.
1. Under challenge in this appeal is the Judgement and Order dated 9th of September, 2022 passed by the Hon’ble Single Bench in the writ petition, being WPO 129 of 2020. The appellants are the Calcutta Dock Labour Board (hereinafter referred to for short as the Board or the said Board). The respondents in this appeal are the writ petitioners. The Union of India, Ministry of Shipping represented through the Secretary and the Joint Secretary, are the proforma respondents.
2. By the said impugned Order the Hon’ble Single Bench was pleased to consider and grant the prayer of the writ petitioners, who are the Section Officers/Inspectors/Accountants, for up-gradation from Grade-III to Grade-II officers of the Board by directing implementation of an Office Order dated 13th December, 2017. The Hon’ble Single Bench was pleased to, inter alia, notice that by the Office Order dated 13th December, 2017, the writ petitioners were eligible to be upgraded to Class-II status with effect from 26th August, 1996 with notional benefits.
3. The Office Order dated 13th December, 2017 was followed by a letter dated 14th December, 2017 of the Secretary of the Board addressed to
Approval required under the Dock Workers (Regulations) Act, 1948 cannot be inferred but must be express.
The principles of promissory estoppel and/or legitimate expectation cannot be invoked by the beneficiary of an act performed on the basis of a mistaken belief or a bonafide mistake for restraining an....
A review application can only succeed on grounds available at initial adjudication; new developments post-decision do not constitute sufficient grounds for review.
The court affirmed the government's right to establish eligibility criteria for pay upgrades, reinforcing that recommendations from pay commissions are not mandatory and can be modified under executi....
Accrued benefits on the employee prior to the changing of the Rule cannot be denied. The right accrued on the employees cannot be denied due to the wrong application of the Rule.
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