Calcutta High Court (Appellete Side)
891/2013 on 17 September, 2013
Author: Ashim Kumar Banerjee
Bench: Ashim Kumar Banerjee
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17.9.13 F.M.A.T. 891 of 2013
Mr. Bikash Ranjan Bhattacharyya
Mr. Samim Ahammed
Mr. Vishak Bhattacharya
Mr. Pratik Ghose ...For the Appellant
The deficit Court fee has been put in under
Challan No. A-15501 dated September 30, 2013.
Re.: C.A.N. 7475 of 2013 (Injujction)
Despite caveat being lodged, Mr. Debasish
Sarkar, learned Counsel for the respondent is absent. He
was also absent on the last occasion when the matter was called on, hence we are compelled to take up this application in his absence.
This appeal would be heard.
Mr. Bikash Ranjan Bhattacharyya, learned Senior Advocate appearing in support of the appeal would contend, the check off system was introduced only to ascertain the credibility of a particular union with regard to their support strength. Unless the check of system is implemented there would be mushroom unions creating difficulty for the management to negotiate the service conditions and the charter of demands submitted by the recognized unions.
The learned Judge of the Court below appreciated the issue, however, passed an order of status quo to be existing till the final disposal of the suit. Hence this appeal.
Upon hearing Mr. Bhattacharyya and upon perusal of the pleadings and the judgment and order we are of the view, no prejudice would cause to the respondent in case the check of system would be introduced. In any event, the respondents participated in the election where they lost. After participation in the election and loosing the same we are prima facie of the 2 opinion, they should not create any hindrance in the way of the management introducing the check of system.
We abundantly make it clear, this is our prima facie view. The fate of the judgment and order would be decided at the final hearing of the appeal.
The judgment and order impugned be stayed till disposal of this appeal.
The application for injunction is disposed of without any order as to costs.
Since, despite filing of caveat respondent is not appearing, the appellant is directed to put in requisites for service of notice of appeal upon the respondents No. 1 and 2. Respondents No. 3 and 4 are officers of the appellant, hence service upon them is dispensed with.
Let lower Court records of this case be called for through special messenger at the cost of the appellant; such cost be put in within a week from date.
After arrival of the lower Court records, office shall examine the same and, if found complete, shall serve notice of arrival of lower Court records on the learned Advocate for the appellant at once.
The appellant is given liberty to prepare and file requisite number of paper books - printed, typewritten or cyclostyled, as the case may be - out of court, within a period of four weeks from the date of service of notice of arrival of lower Court records on the learned Advocate for the appellant.
All formalities regarding preparation of paper book are dispensed with, but the learned advocate for the appellant is directed to incorporate all the relevant 3 documents in the informal paper book.
As soon as the service is complete and the paper book is filed, place it for 'for hearing'. In default, place it for final order.
Urgent photostat certified copy of this order, if applied for, be given to the parties, on priority basis.
( Banerjee, J.) (Dr. Mrinal Kanti Chaudhuri, J.)