SWAPAN KUMAR DAS Vs. THE REGIONAL PROVIDENT FUND COMMISSIONER AND ORS.
LAWS(CAL)-2018-7-372
HIGH COURT OF CALCUTTA
Decided on July 13,2018

SWAPAN KUMAR DAS Appellant
VERSUS
The Regional Provident Fund Commissioner And Ors. Respondents

JUDGEMENT

SUBRATA TALUKDAR,J. - (1.) Party/Parties appear in the order of their name/names as printed above in the cause-title.
(2.) The petitioner, represented by Mr. Bhanja Choudhury, learned Counsel in Court today, alleges wrongful dismissal from service by The Statesman newspaper/employer in the year 2003. The action of dismissal was carried by the petitioner on the point of whether approval was at all accorded by The Statesman/employer to the dismissal of the petitioner in 2003 and, in the absence of such approval, whether the petitioner/employee is entitled to reinstatement along with full service benefits. The above noted issue was carried by the employer/The Statesman raising an industrial dispute, being Case No. 01 of 2003, before the learned First Industrial Tribunal, West Bengal.
(3.) By its detailed order No. 184 dated 7th August, 2014 the learned Tribunal, inter alia, held that the application of the employer under Section 33(2)(b) of the Industrial Disputes Act is not maintainable in view of the non-compliance of the mandatory provision attached to the Proviso under Section 33(2)(b) (supra).;


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