The court affirmed the appointments under the death in harness category, recognizing applicants in a frozen panel while mandating financial assessment procedures.

JUDGMENT :

Saugata Bhattacharyya, J.

1. In terms of the order dated 25th February, 2025 passed by the Hon’ble Supreme Court in Civil Appeal No. 3243 of 2025 ( Garden Reach Shipbuilders and Engineers Limited vs. GRSE Limited Workmen’s Union and Ors. ) Hon’ble Chief Justice of Calcutta High Court vide order dated 20th March, 2025 directed the matter to be placed before me for deciding the writ petition being WPA 13605 of 2016 (GRSE Limited Workmen’s Union and Ors. vs. Garden Reach Shipbuilders & Engineers Limited &Ors.). In terms of the order dated 25th February, 2025, Hon’ble Supreme Court requested the Hon’ble Chief Justice of High Court at Calcutta to assign the writ petition to an appropriate bench for its consideration and disposal at an early date, preferably within six months from the date of passing order by the Hon’ble Supreme Court. Hence on revival of writ petition being WPA 13605 of 2016 and after assigning the matter to me same has been heard at length in presence of learned advocates representing the parties on several dates.

2. There are 51 petitioners seeking appointment under death in harness category due to demise of Group-IV employees working in Garden Reach Shipbuilders and Engineers Limited (for short ‘GRSE’). At present 49 petitioners are pursuing remedies in search of getting employment under death in harness category.

3. Mr. Soumya Majumder, learned senior advocate representing petitioners submits that there were three Schemes governing employment under death in harness category in GRSE which require consideration of this court while determining right of petitioners to be considered as eligible candidates to be appointed being dependent family members of deceased employees. First scheme for appointment under death in harness category is dated 11th January, 1997 which was framed based on an understanding reached in between GRSE Limited and Workmen’s Union wherein it was provided only dependents’ sons/daughters or widow could be provided compassionate appointment. In the said scheme dated 11th January, 1997 age, educational qualification and financial condition of the family of the deceased employee were delineated as requisite criteria for giving appointment on compassionate ground. Requisite financial condition for such appointment was absence of earning member in the family of the deceased to support the family. As per the said scheme a candidate if fulfilled criteria was required to undergo training and on successful completion of training employment could be provided.

4. Another scheme was framed in 2006 for appointment under death in harness category based on minutes of meeting held on 24th March, 2006 and 11th May, 2006 between the Management and GRSE Limited Workmen’s Union wherein it was also decided that Company would commence recruitment under the category of Operatives (skilled and unskilled) to fill up existing vacancies in certain phases and such recruitment would also include eligible candidates under death in harness category. In the said scheme also more or less similar criteria as