Bose, J. - (1.) This is a suit for recovery of Rs. 4476-12-0 for arrears of salary, dearness allowance and certain bonus payable to plaintiff under an Award of a Tribunal constituted under the Industrial Disputes Act 1947.
(2.) The case of the plaintiff as laid in the plaint is that he had been in the employment of the defendant company for 22 years. On 1-4-1947 he was unjustly pensioned off for Trade Union activities. Thereupon an industrial dispute arose between the defendant company and the plaintiff and other employees represented by the Balmer Lawrie & Company's Employees Union "and the Government of West Bengal by an order No. 648-Lab. dated 10-10-1947 referred the said dispute to an Industrial Tribunal for adjudication. The Tribunal made an award directing that the plaintiff be reinstated in his employment and it further directed the defendant company to pay to the plaintiff the arrears of pay and allowances consequent to such reinstatement within months of the date on which the Award would be effective. By an order dated 22-1-1948 the Government declared the Award to be binding.
(3.) It is alleged that by virtue of the said Award the plaintiff came to be reinstated to his service and post and shall be deemed to be reinstated from 1-6-1947 and became entitled to his arrears of pay and allowances from that date and as the plaintiff is still in and shall be deemed to be in the employment of the defendant company he is entitled to the sum of Rs. 4476/12/- for hi; pay and allowance from June 1947 after giving credit for the "sums paid to the plaintiff as pension during the period. The particulars of the claim are set out in para. 5 of the plaint. As the defendant company failed and neglected to implement the Award and to pay the dues of the plaintiff this suit was filed on 6-7-1949.;