SUPREME COURT OF INDIA

Before:- G.B. Pattanaik and U.C. Banerjee, JJ.

Civil Appeals No. 5406 of 1992 with No. 5059 of 1994. D/d. 7.9.2000.

State of W.B. - Appellant

Versus

Kshitish Chandra Pal and others - Respondents

Constitution of India, Article 136 - Relief - Writ petition filed before the Single Judge by some employees of the University for declaring them to be the employees of that University - State arrayed as a party to the writ petition - Declaration sought only against the University and not against the State hence Affidavit-in-opposition not filed before High Court by State - Ultimate dismissal of SLP filed by University against the decision made by the Division Bench - Held, that the appellant State was not entitled to the grant of any relief herein - State's appeals also stand dismissed.

[Para 1]

ORDER

G.B. Pattanaik, J. - These two appeals by the State of West Bengal are directed against the judgment of the Calcutta High Court. Before the Calcutta High Court, some employees of Kalyani University filed a writ petition for declaring them to be employees of the University, and for a mandamus to the University to determine their service conditions. The State of West Bengal, though, has been arrayed as party-respondent, but did not choose to file any affidavit before the learned Single Judge taking any positive stand. Admittedly, the employees had claimed a relationship of master and servant between the University and themselves, and no relationship with the State of West Bengal. The learned Single Judge granted the relief sought for, and had issued certain directions therein. This order of the learned Single Judge was assailed in appeal before the Division Bench both by the University and also by the State of West Bengal. In the appeal filed by the State of West Bengal, the Division Bench did take note of the fact that the State did not appear before the learned Single Judge nor even filed any affidavit-in-opposition, and therefore following the case of the University, dismissed the appeal. The State's appeal also was dismissed. Against the judgment of the Division Bench of the Calcutta High Court, Kalyani University itself had come in special leave petition to this Court, which was registered as SLP (C) No. 11141 of 1992, and a three-Judge Bench of this Court refused to grant special leave by order dated 18-8-1992. Notwithstanding the same, a Bench of this Court granted leave in the SLP filed by the State of West Bengal by order dated 29-7-1994. Even if the appeal survives for consideration, but no relief can be granted to the State of West Bengal, which had not filed any affidavit-in-opposition before the learned Single Judge and the declaration sought for by the employees was against the University and not against the State of West Bengal. Since the special leave petition filed by Kalyani University against whom the employees had sought for declaration and the learned Single Judge had granted relief, has already been dismissed the State's appeals also stand dismissed.

Appeals dismissed.