PARVEZ ALAM Vs. VIJAY SHREE PVT. LTD
LAWS(CAL)-2022-7-10
HIGH COURT OF CALCUTTA
Decided on July 08,2022

PARVEZ ALAM Appellant
VERSUS
Vijay Shree Pvt. Ltd Respondents




JUDGEMENT

SUVRA GHOSH,J. - (1.) The present application under sec. 17B of the Industrial Disputes Act, 1947 is filed by the applicant/respondent no. 3 praying for a direction upon the opposite party/ writ petitioner to pay the last drawn salary to the applicant pending disposal of the writ petition.
(2.) The applicant/employee was terminated from service with effect from 1/11/2011 by the employer against which the applicant raised an industrial dispute which was referred to the Industrial Tribunal for adjudication. By an order dtd. 29/9/2021 the learned Tribunal allowed the prayer of the applicant imposing cost of Rs.20,000.00 on the opposite party/company. The operative portion of the order is reproduced below:- "Hence, it is ORDERED that the Case No. 04 of 2012 under Sec. 10(1B)(d) of The Industrial Disputes Act, 1947 is allowed on contest against the O.P. company with a cost of Rs.20,000.00 It is hereby declared that the order of termination of service dt. 1/11/2011 passed against the petitioner by the O.P. company is illegal, unjustified and void. It is also declared that the petitioner is also entitled to be reinstated in his previous service as on 29/5/2011 with full back wages and the O.P. company is directed to pay the full back wages to the petitioner from 30/5/2011 till his reinstatement with a compound interest of 10% p.a on the entire arrear amount of back wages and the O.P. company is also directed to pay this entire amount to the petitioner within 30 days from this date of order. The O.P. company is directed to reinstate the petitioner on 1/11/2021 in his previous job, in default, the petitioner is at liberty to take legal action against the O.P. company."
(3.) The opposite party filed the present writ petition on 27/1/2022 challenging the said order.;


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