IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE Present:

The Hon’ble Justice Ananya Bandyopadhyay WPA 8847 of 2009 With CAN 3 of 2023 CAN 4 of 2023 Ganesh Kumbhakar & Ors.

-Vs.-

The West Bengal Power Development Corporation Ltd. & Ors.

For the Petitioners : Mr. Amitava Mukherjee, Ms. Arpita Saha For the Respondents : Mr. Ranjay De, Mr. Basabjit Banerjee Heard on : 10.01.2025 Judgment on : 19.05.2025 Ananya Bandyopadhyay, J.:-

1. The petitioners, all unemployed residents of villages surrounding Santaldih Thermal Power Station (STPS) in Purulia, filed a writ petition under Article 226 of the Constitution of India. They challenged the inaction and arbitrary conduct of the West Bengal Power Development Corporation Limited (WBPDCL) and Santaldih Thermal Power Station authorities in not engaging them in the Operation & Maintenance (O&M) work of Unit No. 5 of Santaldih Thermal Power Station, despite prior assurances and policy decisions.

2. In 2004, the General Manager of Santaldih Thermal Power Station requested the District Employment Exchange to sponsor 300 unskilled labourers from nearby villages. The petitioners were duly sponsored and engaged under contractors for construction work of Unit No. 5 in 2005. However, in 2007, they were abruptly retrenched without explanation. Numerous representations and appeals followed, including the formation of an association, submission of memoranda, and protests.

3. A joint meeting on 2.7.2008 involving senior government officials and trade unions decided that future Operation & Maintenance jobs, including those of Units 5 and 6, should be conducted deputing Employment Exchange candidates. Despite this, Santaldih Thermal Power Station authorities failed to effectuate the decision, engaging only 20 exchange candidates and instead amalgamating existing Operation & Maintenance staff from Units 1–4 into Unit 5.

4. Petitioners contended that such actions violate the decisions of the meeting held in 2008, principles of natural justice, and Articles 14 and 16 of the Constitution. Repeated representations to both the Santaldih Thermal Power Station authorities and the Employment Exchange yielded no resolution, leaving the petitioners unemployed and without recognition of their earlier engagement through the Exchange system.

5. The petitioners claimed that the Santaldih Thermal Power Station and WBPDCL authorities had acted illegally and arbitrarily in denying them employment as unskilled labourers for Operation & Maintenance jobs of Unit No. 5 of Santaldih Thermal Power Station. Despite being duly sponsored by the Employment Exchange as per official requisition, and having previously worked on the construction of Unit No. 5, the petitioners were declined to be absorbed or engaged for O&M roles.

6. Key decisions from joint meetings held on 2.7.2008 and 9.2.2009 — which mandated hiring from the Employment Exchange list — were ignored. Instead, the authorities have opted to amalgamate workers from Units 1–4 into Unit 5, excluding the petitioners which had been unlawful, discriminatory, and contrary to principles of natural justice.

7. Such exclusion violated Articles 14, 16, and 19 of the Constitution of India, depriving the petitioners of an accrued right to employment, and foreclosing future employment opportunities unjustly. They asserted the respondent authority cannot renege on prior commitments without justification or process.

8. An application under Article 226 of the Constitution of India had been filed against the non-absorption in regular jobs of Unit No. 5 of STPS from the list of Exchange Candidates, in-action and/or failure on the part of the Respondent Authority in spite the decision taken in a joint meeting held on 02.07.2008 at the conference Hall of STPS in presence of D.M., Purulia, S.D.O., Raghunathpur, S.P., Purulia and other higher officials of W.B.P.D.C. L. and Trade union representatives to absorb/to engage the Exchange workers/Employees in the Operating and Ma