{"id":302486,"date":"2023-09-27T14:30:11","date_gmt":"2023-09-27T09:00:11","guid":{"rendered":"https:\/\/www.scconline.com\/blog\/?p=302486"},"modified":"2023-10-04T18:40:10","modified_gmt":"2023-10-04T13:10:10","slug":"calcutta-hc-quashes-wbsedcls-office-order-on-worksite-safety-and-blacklisting-scc-blog-legal-research","status":"publish","type":"post","link":"https:\/\/www.scconline.com\/blog\/post\/2023\/09\/27\/calcutta-hc-quashes-wbsedcls-office-order-on-worksite-safety-and-blacklisting-scc-blog-legal-research\/","title":{"rendered":"Calcutta High Court quashes WBSEDCL\u2019s Office Order on worksite safety and blacklisting; Prohibits WBSEDCL from penalising Contractors until Report Submission"},"content":{"rendered":"
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Calcutta High Court:<\/span> While deciding a matter where the contractors had challenged certain Office Orders issued by WBSEDCL, which withhold work from contractors if there is an accident due to improper shutdown at the work sites where the contractors’ laborers are working for WBSEDCL, a single-judge bench comprising of Sabyasachi Bhattacharyya,*<\/span> J., set aside the impugned Office Order and restrained WBSEDCL from taking penal action against contractors until the committee’s report is submitted.<\/p>\n

The Court issued following directions:<\/p>\n

    \n
  1. \n

    WBSEDCL cannot take penal action or blacklist contractors until the committee formed in the 05-10-2018 meeting submits its report.<\/p>\n<\/li>\n

  2. \n

    The committee should be constituted within a fortnight and submit its report within four weeks.<\/p>\n<\/li>\n

  3. \n

    An inquiry must be conducted into each accident due to improper shutdown, with a four-week time limit for completion.<\/p>\n<\/li>\n

  4. \n

    WBSEDCL can take appropriate action against contractors and its own officers based on the report’s findings.<\/p>\n<\/li>\n

  5. \n

    Show cause notice and a hearing should be provided to contractors before blacklisting them, based on the report.<\/p>\n<\/li>\n<\/ol>\n

    Brief Facts<\/p>\n

    In the instant matter, the petitioners, who are the contractors working for the West Bengal State Electricity Distribution Co. Ltd. (WBSEDCL) preferred a writ petition challenging Office Orders issued by the WBSEDCL stipulating that work would be withheld from contractors if accidents occurred due to improper shutdown at the work sites where the contractors’ laborers were employed by WBSEDCL. The contractors argued that these Office Orders were biased and effectively blacklisted them for accidents that may not have been their fault.<\/p>\n

    Key Office Orders<\/p>\n