Calcutta High Court (Appellete Side)
M/S. Bayer Zydus Pharma Private Limited vs The State Of West Bengal & Ors on 2 May, 2024
Author: Arindam Mukherjee
Bench: Arindam Mukherjee
02.05.2024 IN THE HIGH COURT AT CALCUTTA
Sl. No.3 CONSTITUTIONAL WRIT JURISDICTION
(PP) APPELLATE SIDE
WPA 25148 of 2023
Bayer Zydus Pharma Private Limited alias
M/s. Bayer Zydus Pharma Private Limited
Vs.
The State of West Bengal & Ors.
Mr. Puspal Chakraborty,
Mr. Barnik Ghosh
....for the petitioner.
Mr. Anand Farmania,
Ms. Indumouli Banerjee
.....for the State.
Mr. Aninda Lahiri,
Ms. Manasi Malakar
....for the respondent no.3.
In this writ petition, the employer has challenged an award dated 22nd December, 2022 by which the First Industrial Tribunal, Kolkata in Case No.03/2021 under Section 2A(2) of the Industrial Disputes Act, 1947 has directed reinstatement of the workman (respondent no.3), if he had not crossed the age of retirement along with full back wages and other consequential benefits thereto. The document which has been annexed at page 149 of the writ petition which according to the writ petitioner is the award appears to be only the final result declared by the First Industrial Tribunal, Kolkata termed as "Awarded".
The writ petitioner says that this is an award as a whole which has been passed by the said Industrial 2 Tribunal and is impugned in this writ petition. The award, therefor, is devoid of reasons.
Indeed, on a perusal of the said document, no reasons are found.
It is, however, submitted on behalf of the respondent no.3 that there is a detailed judgment by which after giving the reasons, the First Industrial Tribunal, Kolkata has passed the award. The page annexed is only the ordering portion and the rest of the pages of the award have not been annexed. A certified copy of the award dated 22nd December, 2022 obtained by the respondent no.3 on 20th July, 2023 is placed before this Court.
On a perusal of the certified copy, it appears that the award dated 22nd December, 2022 comprises of 4 pages, the last page is one which has been annexed at page 149 of the writ petition.
The writ petition has been filed on 16th October, 2023 and as such, the certified copy placed before the Court by the respondent no.3 has been obtained prior to filing of the writ petition.
There is a serious issue involved. If the award, the certified copy of which has been placed before the Court is the complete award, then the writ petitioner appears to have suppressed the material fact by not annexing the whole award. On the other hand, if the 3 award is only of one page as in page 149 of the writ petition, then the Tribunal has to explain why the petitioner got the certified copy of only one page when the award comprises of 4 pages.
In the aforesaid facts and circumstances, the First Industrial Tribunal, Kolkata, who has passed the award on 22nd December, 2022 is directed to file a report through the learned advocate representing the State including the First Industrial Tribunal, Kolkata, being the respondent no.2. The report shall contain answers to the following queries :
(1) When did the petitioner apply for the certified copy, if such application was at all made?
(2) If an application for certified copy was made by the petitioner, what was the folio assessment given to the writ petitioner as the same will clarify whether the award applied for and prepared to be made over to the writ petitioner is of 4 pages or comprises of only 1 page?
(3) When was the certified copy made over to the writ petitioner which appears at page 149 of the writ petition?4
(4) Whether the certified copy handed over to the writ petitioner was of 4 pages or comprised only of 1 page.
Since the issue is of serious nature in the event the office of the First Industrial Tribunal, Kolkata is vacant at the present, this direction shall be carried out by the Judge-in-Charge and the Registry of the First Industrial Tribunal, Kolkata.
Let this matter appear on 9th May, 2024.
(Arindam Mukherjee, J.)