West Bengal

Contractual Employees Rights: Big Win for Contractual Employees! Supreme Court Upholds Rights, Major Setback for State Govt.

Contractual Employees Rights: In a long-running legal battle between the West Bengal government and the state’s contractual employees, the country’s highest court, the Supreme Court, has delivered a significant verdict. On August 18, 2025, the Supreme Court dismissed an appeal filed by the West Bengal government, a move seen as a historic step in protecting the rights of contractual employees. As a result of this verdict, the petitioners in the case will now receive all financial and service-related benefits as directed by the Calcutta High Court.

Background of the Case

The core of this case was the issue of providing benefits to casual or contractual employees working in various departments of the state. The Calcutta High Court had previously ruled in favor of these employees, directing the state government to provide them with all their due financial and service-related benefits. However, the state government challenged this verdict by appealing to the Supreme Court.

The State Government’s Argument

Representing the state government, advocate Kunal Chatterjee argued in court that these employees were contractual and their positions were not permanent. The government’s claim was that since there were no sanctioned permanent posts, it was not possible to provide them with the same benefits as permanent employees. The state government also presented various rules and notifications to support its stance.

The Supreme Court’s Observation

During the hearing, Justice Manoj Misra raised a crucial question to the state government’s counsel. He asked, “If there are no sanctioned posts, then how has the state government been employing these people for years and decades?” The court further stated that a state government should be a “model employer.” Through this observation, the court made it clear that it is unjust to deny employees their rights after they have provided services for a long period.

The Supreme Court’s Verdict and Its Impact

The Supreme Court dismissed the West Bengal government’s appeal on the grounds of “delay condoned,” meaning the state government had delayed in filing the appeal in a timely manner. As a result, the Calcutta High Court’s order remains in effect. The main impacts of this are:

  • Victory for the Petitioners: The specific petitioners in this case will now receive all their pending financial and service-related benefits as per the Calcutta High Court’s order.
  • Hope for Other Employees: Although this verdict applies only to the petitioners of this case, it has brought a new ray of hope for other temporary and contractual employees in the state. They will be encouraged to take similar legal action in the future.
  • A Setback for the State Government: The dismissal of this case in the Supreme Court is a major setback for the state government. It could create financial and administrative pressure on the government.

This verdict is a significant milestone in protecting the rights of contractual employees. It proves that the state has a responsibility towards employees who have provided long-term service and that they cannot be denied their rightful dues.

WBPAY

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