SHALIMAR PAINTS LTD Vs. THIRD INDUSTRIAL TRIBUNAL OF WEST BENGAL
LAWS(CAL)-1970-3-33
HIGH COURT OF CALCUTTA
Decided on March 06,1970

SHALIMAR PAINTS LTD. Appellant
VERSUS
THIRD INDUSTRIAL TRIBUNAL OF WEST BENGAL Respondents

JUDGEMENT

T.K.Basu, J. - (1.) The petitioner Shalimar Paints Limited is a Company engaged in the business of the manufacture and sale of paints, colour, varnish and oils.
(2.) Prior to January, 1963, Messrs. Turner Morrison & Company were the Managing Agents of the petitioner. Under the terms of the Managing Agency Agreement, Turner Morrison & Company Limited was bound to provide and did provide office accommodation for the staff of the petitioner at premises Nos. 6, Lyons Range, Calcutta. After the termination of the Managing Agency Agreement with effect from the 1st January, 1963, Turner Morrison & Company Limited revoked the licence of the petitioner permitting them to occupy office accommodation at the said office. As a result thereof, the petitioner was compelled to vacate the said office accommodation on or about the 28th February, 1963. According to the petitioner, on the 1st March, 1963, it shifted its entire undertaking from 6, Lyons Range, Calcutta and moved its Head Office to Goabaria, Howrah, where it had been having its factory for a long time past. It shifted its Sales Division to 13, Camac Street, Calcutta.
(3.) Thereupon, the workmen of the petitioner claimed that the petitioner had transferred the services of the workmen and thereby altered the conditions of their services without giving the requisite notice under the provisions of Section 9-A of the Industrial Disputes Act, 1947 (hereinafter referred to as the Act). It was claimed by the workmen that by virtue of the aforesaid shifting of the business they had to spend more in travelling to the plate of work and that the petitioner was liable to compensate the workmen transferred for the amount so spent. The petitioner rejected the aforesaid claim of the workmen and denied that there had been any alteration of the conditions of service of any of its employees or that there had been any transfer of any employee.;


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