Prasenjit Mandal, J. - (1.) THIS application is at the instance of the opposite party no.2 and is directed against the Order No.20 dated December 16, 2011 passed by the learned First Labour Court, Calcutta in Computation Case No.35 of 2009 thereby rejecting the prayer of the opposite party no.2/petitioner herein.
(2.) THE applicant/opposite party no.1 was a permanent employee of M/s. Warner Brothers FE-INC from February, 1966. Ultimately, the Managing Director of the said company was appointed as Alternate Director of M/s. Suvarna Film Enterprises Pvt. Ltd. and the petitioner was entrusted as their Kolkata Representative w.e.f. April 1985 along with his whole time service in Warner Brothers. Ultimately, M/s. Suvarna Film Enterprises Pvt. Ltd. handed over the possession, management and control of the New Empire Cinema to M/s. Humayan Properties Ltd. by the settlement dated March 28, 1989. THE petitioner was dismissed from service. Thereafter, legal battle was started and the petitioner got an award for back wages and other consequential benefits. For realisation of the dues, he filed the said Computation Case No.35 of 2009. In that case, M/s. Humayan Properties Ltd. filed the application for deleting its name from the cause title of the said computation case and that application for deletion was rejected by the impugned order. The opposite party no.2 / petitioner herein was directed to file a written statement by January 13, 2012. Being aggrieved by such order, this application has been preferred. Upon hearing the learned counsel for the parties and on going through the materials on record, it appears that the learned Labour Court has observed that the applicant / opposite party no.1 herein got the award against M/s. Suvarna Film Enterprises Pvt. Ltd. controlling over New Empire Cinema. The opposite party no.2 /petitioner herein has contended that this concern is in no way connected with the proceeding launched by the applicant on the basis of which an award had been passed by the learned Fourth Industrial Tribunal.
(3.) THE Labour Court has observed in the impugned order that M/s. Suvarna Film Enterprises Pvt. Ltd. handed over the possession, management and control of the New Empire Cinema to M/s. Humayan Properties Ltd. by a term of settlement dated March 28, 1989. Under the circumstances, the Labour Court was of the prima facie view that as per materials on record, M/s. Humayan Properties Ltd. had taken over the possession, management and control of the New Empire Cinema wherein the applicant was an employee. THE learned Labour Court has also observed that it will be too early to decide the liabilities of the two opposite parties regarding implementation of the award. In that view of the matter, I am of the opinion that the impugned order cannot be said to be without jurisdiction. The Labour Court has expressed the prima facie view as per materials on record and so, it cannot be stated now that the impugned order suffers from material irregularity or illegality.;