M/S. Horizon Travels And Others vs State Of West Bengal And Others
2021 Latest Caselaw 52 Cal

6th January,2021
   (D/L No.24)
    (SKB)

                                 W.P.A. 20899 of 2018
                                 (Via Video Conference)

                           M/s. Horizon Travels and others
                                       Versus
                           State of West Bengal and others


                          Ms. Pranati Das
                                                   ... for the petitioners

                          Mr. Susanta Pal,
                          Mr. Ananda Dulal Sarkar
                                                          ... for the State

                          Mr. N. Rakshit
                                                  ... for respondent no.3

In this matter an award was passed while deciding

an application under Section 10(1)(b)(d) of the Industrial

Disputes Act, 1947.

After hearing the parties by a reasoned and

speaking order, the Second Labour Court, Kolkata on 24th

November, 2016 passed an order of reinstatement with

full back wages. According to the petitioners, full back

wages is Rs.3,73,189.00.

In this matter, first order of stay was passed on 18th

March, 2019 wherein this Court held that subject to

payment of the admitted amount of the salary of the

petitioner from his alleged date of dismissal till the date

on which the written statement was filed before the

learned court below, shall remain stayed till 30th June,

2019. Thereafter the said order was extended from time

to time and it was last extended on 20th December, 2019

till 31st March, 2020. Thereafter there is no order of stay

of operation of the order.

Learned advocate for the petitioners submits that

such order of stay has been automatically extended

because of the Special Bench judgment delivered by this

court.

However, I direct the petitioners to deposit the

entire amount of Rs.3,73,189.00 less the amount already

paid i.e. Rs.48,000/- with the learned Registrar General

of this Court within a period of two weeks from date. The

impugned order shall remain stayed after depositing the

said amount with the learned Registrar General. After

depositing the said amount, learned Registrar General

shall put the said amount in an interest bearing fixed

deposit account in any nationalized bank with auto

renewal option. The initial term for the fixed deposit shall

be six months from the date of deposit.

The matter will appear after two weeks under the

same heading.

(Abhijit Gangopadhyay, J.)