Calcutta High Court (Appellete Side)
M/S. Bibby Ship Management (India) Pvt. ... vs The State Of West Bangal & Ors on 26 March, 2014
Author: Dipankar Datta
Bench: Dipankar Datta
1
26.03.2014
Item No.07
SB
W.P. 6543 (W) of 2014
M/s. Bibby Ship Management (India) Pvt. Ltd. & Anr.
Vs.
The State of West Bangal & Ors.
Ms. R. Majumder.............for the petitioners.
Mr. P. Dutta,
Ms. P. S. Tibrewal.........for the State.
Mr. D. Bhattacharya,
Mr. D. N. Mishra,
Mr. C. Chatterjee,
Ms. A. Agarwal.............for the respondent no.5.
From the instructions made available to Mr. Dutta, learned advocate for the State by the Officer-in-Charge, Beniapukur Police Station, it appears that the respondent no.5 has filed an application under Section 340 of the Code of Criminal Procedure before the learned Additional Chief Judicial Magistrate, Sealdah and upon taking cognizance of the alleged offence committed by the petitioners herein, the case has been transferred to the learned Judicial Magistrate, 3rd Court at Sealdah with 07.04.2014 as the next date of hearing.
Ms. Majumder, learned advocate for the petitioners is unable to say whether the copy of the application under Section 340 of the Code has been served on the petitioners or not.
Be that as it may, it appears that the dispute essentially centres around the respondent no.5, an employee of the petitioners, having indulged in alleged illegal acts for which the petitioners have terminated 2 his service on 18.06.2013; however, the respondent no.5 instituted a civil suit in the Court of the learned Civil Judge (Junior Division), 2nd Court at Sealdah, vide T.S. No.279 of 2013, and upon hearing the application for temporary injunction an order has been passed on 11.07.2013 restraining the petitioners from terminating the service of the respondent no.5 and from freezing his monthly salary. Having regard to the facts and circumstances, I find no reason to keep the writ petition pending. The parties shall be free to raise all contentions before the civil court in support of their respective claims insofar as the suit is concerned. The police shall also take appropriate steps to conclude the investigation in connection with Beniapukur Police Station Case No.388 dated 08.11.2013 and file an appropriate police report under Section 173(2) of the Code, before the learned magistrate. The writ petition stands disposed of, without costs. I have not examined the merits of the rival claims and all points are left open.
Urgent photostat certified copy of this order, if applied for, be furnished to the parties as early as possible.
(DIPANKAR DATTA, J.)