Vijai Shree Private Limited vs The State Of West Bengal & Ors
2022 Latest Caselaw 1916 Cal

08.04.2022
rc/ct.no.10
Item No.313
                               WPA No. 1510 of 2022
                             Vijai Shree Private Limited
                                        Versus
                           The State of West Bengal & Ors.

                    Mr. Soumya Majumder
                    Mr. S.K.Singh
                    Mr. R.Kr. Dubey                    ...for the petitioner

                    Mr. Lakshan Ch. Halder
                                        ...for the Private Respondent

Mr. Chandi Charan De Mrs. Reshmi Rahaman ..for the State

The judgment impugned passed on September 29,

2021 under Section 10(1B)(d) of the Industrial Disputes

Act, 1947 is under challenge in this writ petition. By the

impugned judgment the Tribunal declared that the

employee is entitled to be reinstated in his previous service

as on May 29, 2021 with full back wages and the petitioner

herein was directed to pay the same to the employee from

May 30, 2011 till his reinstatement along with compound

interest of 10% per annum on the entire arrear amount of

back wages, within 30 days from the date of the order.

Referring to Section 25B and 25C of the Industrial

Disputes Act, 1947 learned counsel appearing on behalf of

the petitioner submits that the employee cannot be termed

as a permanent worker and is not entitled to reinstatement

or backwages as held by the Tribunal. He has prayed for

stay of the judgment impugned.

It is submitted by the learned counsel appearing on

behalf of the private respondent who is the widow of the deceased employee that the question of reinstatement does

not arise as the employee has expired during pendency of

the case before the Tribunal.He has only prayed for a

direction to pay back wages as well as cost of Rs.20,000/-

imposed by the Tribunal on the present petitioner.

Learned counsel appearing on behalf of the State-

respondents seeks accommodation to make his

submission in this regard.

In view of the above, let this matter appear under the

same heading on April 12, 2022.

The impugned judgment dated September 29, 2021

be stayed till April 30, 2022 or until further orders,

whichever is earlier.

Urgent certified website copy of this order, if applied

for, be furnished to the parties upon compliance of

necessary formalities.

(Suvra Ghosh,J)