Calcutta High Court (Appellete Side)
Prabartak Jute Mills Ltd vs The Assistant Labour Commissioner And ... on 4 January, 2021
Author: Abhijit Gangopadhyay
Bench: Abhijit Gangopadhyay
4th January,2021
(D/L No.1)
(SKB)
W.P.A. 137 of 2020
(Via Video Conference)
Prabartak Jute Mills Ltd.
Versus
The Assistant Labour Commissioner and others
Mr. S. K. Banerjee
... for the petitioner
Mr. N. Rakshit
... for respondent no.4.
Mr. Gobinda Chandra Baidya ... for the State.
The case of the petitioner is that the respondent no.4 was a 'Badli' worker with the petitioner who stopped giving his salary from the year 2011. Subsequently, respondent no.4 filed a writ application for police assistance so that he could join his duty under the petitioner which wish was also not fulfilled. Then the respondent no.4 moved before the adjudicating authority and the First Industrial Tribunal and the First Industrial Tribunal after hearing held that the retrenchment/ termination of service of the applicant/workman being respondent no.4 by the management of the company w.e.f. 24th May, 2011 was absolutely unjustified and illegal and the employer being the petitioner herein was directed to reinstate the respondent no.4 with full back wages.
Against this order passed by the Tribunal, the petitioner has come before this Court and submits that 2 this order is fully bad in the eye of law and should be set aside.
Learned advocate appearing for respondent no.4 relying upon Section 17B of the Industrial Disputes Act submits that the full wages to the workman pending proceedings in the higher court should be paid.
On the question of this court to the petitioner as to whether his client is ready and willing to pay the amount for keeping it as a deposit in the name of the advocate on record of the respondent no.4, he submits that he does not have any instruction in this regard. He also submits that he wants to file a written notes of arguments, if opportunity is given to him.
As prayed for, he is given an opportunity to file a written notes of arguments tomorrow.
The matter will appear tomorrow under the heading "To Be Mentioned" and will be taken up for filing of written notes at 2-00 p.m. when the petitioner is directed to come with the written notes in this regard. Hearing of the matter is otherwise concluded.
(Abhijit Gangopadhyay, J.)