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IN THE HIGH COURT AT CALCUTTA
LANUSUNGKUM JAMIR, RAI CHATTOPADHYAY
Ganesh Kumbhakar – Appellant
Versus
WB Power Development Corporation Ltd. – Respondent
JUDGMENT :
Rai Chattopadhyay, J.
1. The appellants are the sponsored candidates, appointed in a specific project of the respondent no. 1/the West Bengal Power Development Corporation Limited. They are aggrieved with the judgment of the Hon’ble Single Bench, dated May 19, 2025 in WPA No. 8847 of 2009 and file this appeal with the prayer to set aside the said judgment and for absorption and regularization of their service, with the respondent no. 1.
2. The appellants intend to derive their right of absorption from a tripartite agreement dated July 02, 2008, entered into between the respondent no. 1 and the trade unions. According to the appellants, the said tripartite memorandum dated July 02, 2008 is the recognized policy decision for regularisation of workers in Unit No. 5 and in Unit No. 6 also, during the future course. It is stated that according to the agreed terms, unanimously entered into by all the stakeholders, the sponsored workers, that is the appellant/writ petitioners would be absorbed and engaged in the operation and maintenance of Unit No. 5 immediately and in Unit No. 6 in due course. It is stated further that by dint of the same, a binding obligation has been created
The mere issuance of a prohibition notification under Section 10 of the CLRA Act does not automatically lead to the absorption of contract labour as employees of the principal employer; such a determ....
Establishing an employer-employee relationship is essential for regularization claims; contract-based employment does not create inherent rights to permanent status.
it is difficult to extend minimum time scale to the petitioners as they were not engaged by respondent Nos. 4 to 11 either on contract basis or outsourcing basis.
The main legal point established is that the burden of proof lies on the party claiming an employer-employee relationship, and regularisation and permanent absorption can only be granted in accordanc....
The court established that the mere payment of wages or bonuses does not create an employer-employee relationship if a valid contractor exists.
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