Nasiruddin Mondal vs Union Of India & Ors
2022 Latest Caselaw 8474 Cal

Form No. J.(2)
Item No. 21 (ML)
           IN THE HIGH COURT OF JUDICATURE AT CALCUTTA
                    CIVIL APPELLATE JURISDICTION
                           APPELLATE SIDE
                         HEARD ON : 19.12.2022

                          DELIVERED ON : 19.12.2022

                                    CORAM:

             THE HON'BLE MR. JUSTICE T.S. SIVAGNANAM
                               AND
       THE HON'BLE MR. JUSTICE SIDDHARTHA ROY CHOWDHURY

                            M.A.T. No. 237 of 2020
                                      With
                            I.A. No. CAN 1 of 2022

                              Nasiruddin Mondal
                                      Vs.
                             Union of India & Ors.

Appearance:-

Mr. Ravi Kumar Dubey           ...........for the appellant

Mr. Soumya Majumder
Mr. S. Bhattacharya
Mr. Victor Chatterjee      .......... for the IOCL

                                  JUDGMENT

(Judgment of the Court was delivered by T.S. SIVAGNANAM, J.)

1. This intra-Court appeal by the writ petitioner is directed against the order

dated 2nd January, 2020 in W.P. No. 8832(W) of 2017. The appellant filed the writ

petition challenging the order passed by the Deputy Chief Labour Commissioner,

(Central), Kolkata dismissing the application filed under section 29 of the

Industrial Disputes Act, 1947 ('the Act' for brevity) wherein the appellant

complained of alleged violation of the award dated 23 rd August, 2002 passed

under sections 10 (1)(d) and 2A of the Act. The award was one of reinstatement

with compensation of Rs. 30,000/-

2. The appellant alleged that the respondent/management gave offer of

reinstatement as a probationer and he declined to accept the same. If the

workman has not accepted the offer or in other words not accepted the

implementation of the award on his own volition, then obviously the Deputy Chief

Labour Commissioner was fully justified in rejecting the application filed under

section 29 of the Act .

3. These facts were rightly noted by the learned writ Court and the writ

petition stood dismissed. We find absolutely no grounds to interfere with the said

order. Furthermore, we are informed that as of now the appellant has crossed the

age of superannuation and the question of reinstatement of the appellant does

not arise any longer.

4. In the light of the above, we find no good ground to interfere with the order

of the learned writ Court. Accordingly, the appeal fails and is dismissed with

connected application.

5. There shall be no order as to costs.

6. Urgent photostat certified copy of this order, if applied for, be furnished to

the parties expeditiously upon compliance of all legal formalities.

                                                      (T.S. SIVAGNANAM, J.)



 I agree,                                 (SIDDHARTHA ROY CHOWDHURY, J.)









RAJA/Pallab, AR(Ct.)