Authority: Calcutta High Court, Circuit Bench, Jalpaiguri

Order Date: August 10, 2026

Case Overview

  • Parties: Petitioner – M/s. Bhowmik & Co.; Respondents – The State of West Bengal and others.
  • Nature of Proceeding: Constitutional writ petition (WPA 1015 of 2026) filed in the High Court at Calcutta, Circuit Bench, Jalpaiguri.
  • Background: An agreement dated December 31, 2013 (annexure p‑3, page 35 of the writ petition) engaged the petitioner as a generator operator. Clause 8 (page 37) required Rogi Kalyan Samity to identify Group D staff/persons to run the generators, while the petitioner was obligated to orient them.
  • Petitioner’s Claim: The petitioner alleges that from 2013 to 2026 the identified staff worked operating the generators, but the hospital authority (Rogi Kalyan Samity) never paid their wages. Consequently, the petitioner paid the wages itself (annexure p‑5, page 42) and now seeks a refund of the entire amount paid.
  • State’s Position: Learned State Advocate Arijit Ghosh contends that Rogi Kalyan Samity never provided the manpower, but acknowledges that the petitioner’s service was not denied and the generators were operated when needed.
  • Procedural History: The matter was adjourned on July 8, 2026 on the State’s prayer. On August 10, 2026 the Court recorded the affidavit of service and heard arguments from both sides.

Directions Issued

(a) The petitioner shall submit a comprehensive representation before Respondent No. 2 within one week, with a copy furnished to the office bearer/principal officer of the appropriate Rogi Kalyan Samity.

(b) Respondent No. 2, after receiving the representation, shall issue a prior notice of hearing of seven days to the petitioner and the relevant Rogi Kalyan Samity/its principal officer/office bearer, grant them an opportunity of hearing, and decide the representation by passing a reasoned order in accordance with law.

(c) The representation must be restricted to the case made out in the writ petition; a copy of the writ petition may be referred to during the hearing.

(d) The entire exercise shall be completed by Respondent No. 2 within four weeks from the first day of hearing, including the passing of the reasoned order.

(e) The reasoned order shall be communicated to the petitioner and the Rogi Kalyan Samity within two weeks from the date the order is passed.

Payment Directions (If Order Favors Petitioner)

  • Respondent No. 2 (or any other appropriate State authority) shall make the necessary payment to the petitioner within three weeks, together with interest at 4% per annum from the due date until actual payment.
  • Payment may be made by crediting the petitioner’s bank account electronically, or by a pay order/demand draft.

Additional Observations

  • The order does not create any right or equity in favour of the petitioner unless the petitioner is found entitled to his claim, strictly in accordance with law.
  • Since affidavits are not called for, the allegations made in the writ petition are deemed not to have been admitted by the respondents.
  • The writ petition WPA 1015 of 2026 stands disposed of without any order as to costs.
  • Parties shall act on the basis of the server copy of this judgment downloaded from the official website of the Court.

Final Outcome

The Court disposed of the writ petition without costs, directing the petitioner to file a representation before Respondent No. 2 and outlining a timeline for hearing, reasoned order, and possible payment with interest if the petitioner's claim is upheld.

Topics: Legal Dispute, Wage Refund, Hospital Authority