SUBRATA GUHA SARKAR Vs. SECOND LABOUR COURT
HIGH COURT OF CALCUTTA
SUBRATA GUHA SARKAR
SECOND LABOUR COURT
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Nikhil Nath Bhattacharhee, J. -
(1.)In this writ application under Article 226 of the Constitution of India the question that falls for determination is whether a labour court in a computation case has the inherent power to review its own reviewed judgment after lapse of two hundred and seventy seven days. The facts leading to the present application, which undoubtedly portray how justice delivery system can be made a mockery are as follows.
(2.)Surendra Nath Guha Sarkar was a workman under M/s. B.K. Saha & Bros. Private Ltd. The said Private Limited Company was converted into a Limited Company by operation of law and was added as a party in the industrial reference case before the first Industrial Tribunal, Calcutta - and is respondent No. 2 herein. The writ petitioners are the heirs and legal representatives of Surendra Nath Sarkar who worked under the said company since July 3, 1953. The said employer served a notice dated May 15, 1976 addressed to all his employees including S.N. Guha Sarkar intimating that all employees working under it would be the employees of Samir Kumar, Mihir Kumar Saha as per agreement dated May 13, 1976. The notice was strongly opposed by the workmen.
(3.)On August 12, 1978 the Government of West Bengal referred to the First Industrial Tribunal for adjudication of the said dispute of S.N. Guha Sarkar under reference No. 3510/IR. The employer company moved an application under Article 226 of the constitution against the said reference which was registered as C.R.No. 8223 (W) of 1978. The application was disposed of by an order dated February 25, 1980 with a direction to dispose of the reference case within four months from date. Thereafter the workman as also the employer Company filed written statements with lists of documents.
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