The Statesman Limited vs Rina Mukherji @ Rina Jamshedji & ...
2022 Latest Caselaw 21 Cal

05.01.2022
    1&2
ns/pg Ct.16
                                     FMA 656 of 2015
                                        With
                   I.A. No.CAN 1 of 2015 (Old CAN 2145 of 2015)

                             The Statesman Limited.
                                      Vs.
                      Rina Mukherji @ Rina Jamshedji & ors.

                                         With

                                   FMA 658 of 2015
                                        With
                   I.A. No.CAN 1 of 2015 (Old CAN 2144 of 2015)

                           The Statesman Limited & anr.
                                       Vs.
                          The State of West Bengal & ors.



                  Mr. Debashis Banerjee ... for the respondent no.1

(in FMA 656 of 2015)

Since the issues involved in these appeals are

identical, both these appeals are being taken up together

for consideration and are being decided by this common

order. For the sake of convenience, we take up FMA 656

of 2015 for discussion.

This intra-Court mandamus appeal is directed

against the order dated 14th August, 2014 passed in W.P.

No.24935(W) of 2013. The said writ petition was filed by

the appellant / management challenging the award dated

6th February, 2013 passed by the 4 th Industrial Tribunal

at Calcutta in Reference Case No.VIII - 01/2004,

whereby the respondent / employee was directed to be

reinstated with back wages. The respondent / employee

also filed W.P. No.24935 (W) of 2013 for a direction to the

Deputy Labour Commissioner, Government of West

Bengal to prosecute the appellant / employer under

Section 29 of the Industrial Disputes Act, 1947 for

violation of the award dated 6 th February, 2013. The

Learned Single Bench by common judgment dated 14 th

August, 2014 modified the award of reinstatement to one

of payment of compensation to the respondent / employee

with a sum of Rs.1,00,000/- (Rupees one Lakh).

Consequently, the writ petition filed by the respondent /

employee was also disposed of.

Being aggrieved by the same, the appellant /

management had filed this appeal. From the order sheet,

we find that the matter was adjourned from time to time

and pursuant to directions issued on 21 st December,

2015, the respondent / employee was directed to be paid

a sum of Rs.1,00,000/- subject to the conditions that the

said amount shall be refunded to the appellant in case

the appellant succeeds in the appeal. Pursuant to such

direction, a sum of Rs.1,00,000/- has been paid to the

respondent/employee by banker's cheque dated 31st

December, 2015 and the acknowledgement has been

placed on record.

Thereafter, the matter has been heard by the

Division Bench on various dates and invariably on all

occasions, the matter stood adjourned. It appears that

there were talks of settlement between the parties, which

necessitated the Division Bench to pass an order on 30 th

July, 2015 directing the parties to file a joint affidavit

placing their respective terms on record for the proposed

amicable settlement. Thereafter, the matter has been

adjourned and we also find that by the order dated 18 th

June, 2015, the matter was heard in part and thereafter

adjourned.

Thus, it is clear that there was no amicable

settlement, which was arrived at. The matter was listed

before us on 8th December, 2021 and since none appeared

for the appellant /management, we directed the matter to

be listed under the caption "For Dismissal". Even today,

there is no representation on behalf of the appellant.

Thus, it appears that the appellant is not

interested in prosecuting the matter.

Hence, the appeals along with applications

stand dismissed for non-prosecution.

Urgent photostat certified copy of this order, if

applied for, be given to the parties expeditiously upon

compliance of all legal formalities.

( T. S. Sivagnanam, J.)

(Hiranmay Bhattacharyya, J.)