Calcutta High Court
Stp Limited vs The First Industrial Tribunal W.B. & Ors on 27 February, 2019
Author: Dipankar Datta
Bench: Dipankar Datta, Saugata Bhattacharyya
GA No.483 of 2019
APO No.256 of 2013
GA No.2055 of 2008
WP No.2098 of 2002
IN THE HIGH COURT AT CALCUTTA
Civil Appellate Jurisdiction
ORIGINAL SIDE
STP LIMITED
Versus
THE FIRST INDUSTRIAL TRIBUNAL W.B. & ORS.
BEFORE:
The Hon'ble JUSTICE DIPANKAR DATTA
AND
The Hon'ble JUSTICE SAUGATA BHATTACHARYYA
Date: 27th February, 2019
Appearance
Mr. Soumya Majumdar, Adv. with
Ms. Saroj Tulsian, Adv.
Mr. Priyanka Agarwal, Adv.
..for the appellant
Mr. N. Rakshit, Adv.
..for the respondent no.2
The Court : This is an application for release of bank guarantee furnished to the Registrar, Original Side by the applicant. The application has been filed in connection with APO no.256 of 2013, which was finally disposed of by a coordinate Bench by its judgment and order dated 3rd September, 2015. By such order, the coordinate Bench required the Judge, First Industrial Tribunal, Kolkata to decide the quantum of back wages that could be awarded to the workman in the manner as specified therein. In compliance with the order dated 3rd September, 2015, the Judge, First Industrial Tribunal took up the issue for consideration and by his order dated 19th February, 2018 has deferred his decision till Criminal Revision no.321 of 2009 pending before the Hon'ble High Court, Jharkhand at Ranchi is finally disposed of.
It is not in dispute that the order dated 11th June, 2013 of a learned Judge of this Court on the writ petition, out of which the appeal arose, directing payment of sums to the workman does not survive after the coordinate Bench 2 disposed of APO no.256 of 2013 finally. It has been submitted by Mr. Majumdar, learned advocate for the applicant that in terms of the interim order dated 22nd July, 2013 passed on the stay application, the applicant had furnished to the Registrar, Original Side a bank guarantee of a nationalized bank for a sum of Rs.1 lakh. Such bank guarantee was extended from time to time and lastly, it was extended from 27th July, 2017 to 26th July, 2018. Admittedly, the bank guarantee has outlived its validity. It is such bank guarantee that the applicant prays for release on the ground that the decision on the issue of entitlement of the workman to back wages is yet to be decided by the Judge, First Industrial Tribunal, Kolkata.
Having heard learned advocates for the parties, we are of the view that with the passage of time, the bank guarantee has outlived its validity. There is no question of the Registrar, Original Side holding on to such bank guarantee even after the order dated 3rd September, 2015 passed by the coordinate Bench whereby APO no.256 of 2013 has been finally disposed of. The interim order has merged in the final order. In fact, the appellant ought to have prayed for such release on 3rd September, 2015 itself when the appeal was being finally disposed of.
Be that as it may, we pass an order directing the Registrar, Original Side to release the bank guarantee furnished in terms of the order dated 22nd July, 2013 as early as possible but not later than a fortnight from service of a copy of this order upon him, after complying with all formalities.
The application stands disposed of.
There will be no order as to costs.
(DIPANKAR DATTA, J.) (SAUGATA BHATTACHARYYA, J.) akg/