SHEW SAKTI OIL MILLS LTD Vs. JUDGE SECOND INDUSTRIAL TRIBUNAL
HIGH COURT OF CALCUTTA
SHEW SAKTI OIL MILLS LTD.
JUDGE, SECOND INDUSTRIAL TRIBUNAL
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P.B.Mukharji, J. -
(1.) This is an application by the petitioner Puran Mal Kyal for notice to show cause on Shew Sakti Oil Mills Ltd., the Second Industrial Tribunal and the State of West Bengal, being the opposite parties, why Civil Revision Case No. 2958 of 1957, disposed of on June 5, 1959, should not be re-heard on notice to him. His case is that he was not properly served. I allowed him to appear on notice to the opposite parties and gave him an opportunity not only of being heard but also of making his full case against the order made on June 5, 1950.
(2.) The order of the 5th June, 1959 was made by me in these proceedings holding that the order of withdrawal and transfer dated March 9, 1957, was illegal and ultra vires the powers of the State Government in the facts of this case and that the Second Industrial Tribunal, to whom such transfer was made, had no jurisdiction to make the award in question I further held that the order of reference being bad, illegal and without jurisdiction, the award of the Second Industrial Tribunal was necessarily incompetent and without jurisdiction and illegal. I made the Rule of certiorari absolute on June 5, 1959.
(3.) The petitioner now wants to re-open that decision and he has made his petition and his submissions on the point.;
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