IMPERIAL CALENDAR PRIVATE LIMITED Vs. S DASGUPTA ASSISTANT LABOUR COMMISSIONER WEST BENGAL
LAWS(CAL)-2001-7-7
HIGH COURT OF CALCUTTA
Decided on July 05,2001

IMPERIAL CALENDAR PVT.LTD. Appellant
VERSUS
S.DASGUPTA, ASSISTANT LABOUR COMMISSIONER, WEST BENGAL Respondents

JUDGEMENT

- (1.) An Award was passed on December 20, 1999 in case No. VII-116/96 by the Fourth Industrial Tribunal, West Bengal. The operative part of the said Award reads as follows:
(2.) I have already found that the order of dismissal of the workman is invalid as no charges could be proved against him for want of iota of evidence. That being the position the workman is entitled to be reinstated in service and he is entitled to back wages. The continuance of service of the workman after April 3, 1996 and; entitlement to back wages after April 3, 1996 will depend upon the findings of legality, propriety and validity of closure of the Company by appropriate forum."
(3.) On the ground that the said Award has not been complied with, there has been a breach of Section 29 of the Industrial Disputes Act (hereinafter referred to as "the said Act") for which a complaint was lodged after obtaining sanction from the State Government under Section 34(1) of the said Act which is Annexure "H" of this petition at page 64. It is this complaint that has since been challenged in this writ petition.;


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