IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction APPELLATE SIDE Present:

The Hon’ble Justice Shampa Dutt (Paul)

WPA 19945 of 2022 Ruchi Soya Industries Limited Contractor’s Workers’

Union, Durgachak.

Vs The Labour Commissioner & Special Secretary to the Government of West Bengal, New Secretariat Building, Kolkata.

For the Petitioner : Mr. Ranjit Kr. Jaiswal, Md. Ali Jinnah, Mr. Nandalal Pradhan.

For the Respondent No. 3 : Mr. Soumya Majumder, Sr. Adv., Ms. Sanjukta Dutta, Mr. Kinnor Ghosh.

Judgment reserved on : 13.01.2026 Judgment delivered on : 02.02.2026 Shampa Dutt (Paul), J.:

1. The writ application has been preferred praying for direction upon the respondent nos. 1, 2 and 5 to grant recognition to the petitioner Trade Union to participate as the constituent of the joint bargaining council in terms of the demand of justice letter dated 06.04.2022 and to de- recognize the respondent no. 4 by declaring that the formation of the respondent no. 4 Trade Union is totally illegal and in contravention of Section 7(2) of the Trade Union Act.

2. The petitioner’s case, in their writ petition, affidavit-in-reply and written notes, is that the petitioner is a Trade Union registered under the Trade Union Act, 1926 in the name of Ruchi Soya Industries Limited Contractor’s Workers’ Union, Durgachak duly registered on 9^th February, 2015, affiliated to INTUC on 25th November, 2020.

3. A tripartite settlement was arrived at between contractors engaged by M/s. Ruchi Soya Industries, Haldia Factory, Ruchi Soya Industries Limited Pragatisil Contractor Workers Union, Durgachak Colony, Registration No. 25619 affiliated to INTTUC, Ruchi Soya Industries Workers Union Registration no. 24639 affiliated to CITU and officers representing principal employers on 04.08.2014. The settlement was to remain valid for a period of three years from 01.07.2014.

4. The said Union was recognized by the employer and contractors engaged by principal employer. Since nothing was done after 2017, the petitioner union submitted a letter dated 29.11.2021, addressed to the Labour Commissioner, with a copy to listed contractors to draw his attention about gross violation of Labour Laws & Exploitation of Workers by Employers working at M/s. Ruchi Soya Industries Limited.

5. The petitioner Union highlighted also the fact that the principal employers and contractors have chosen the path of exploitation by depriving 1500 workers from the provisions of Payment of Minimum Wages Act and the employers are not giving a wage rate as per Government of West Bengal notification.

6. Meanwhile, the President along with other members resigned from Trinamool Congress on 17th December, 2020 and also from all post which he was holding in the Union affiliated to INTTUC. After the said resignation, Ruchi Soya Industries Limited Pragatisil Contractor Workers’ Union was not actively functioning nor did it take care of the grievances of the poor workers.

7. The petitioner’s Union, since no Union was functioning in the interregnum, raised Charter of Demand for the year 2021-2024 before the listed contractors and the Director, Ruchi Soya Industries Limited and sought for immediate settlement.

8. Petitioner by his letter dated 07.01.2022 addressed to the Deputy Labour Commissioner & Joint Labour Commissioner (P), Government of West Bengal drew his attention with regard to their Charter of Demand and further reminded that 1500 workers were not getting their wages as per Government of West Bengal notification and Ruchi Soya Industries Limited has been cheating the workers for more than 18 years.

9. It is stated that although the petitioner’s Union (not recognized)

submitted a Charter of Demand seeking better condition including payment of minimum wages as per applicable notification under the Minimum Wages Act, 1948, or the Contract Labour (Regulation and Abolition) Act, 1970, ignoring the said Charter of Demand submitted by the petitioner’s Union and offering various lame excuses, even though the Union