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2008 Supreme(SC) 1777

S.B.SINHA, CYRIAC JOSEPH
Novartis India Ltd. – Appellant
Versus
State of West Bengal and others – Respondent


Advocates appeared:
For the Appellant :J.P. Cama, Sr. Adv., Prabhjit Jauhar, Noko Mehta and S.S. Jauhar, Advocates.
For the Respondents:Pradip Kumar Ghosh, Sr. Adv. Rauf Rahim, Tara Chandra Sharma, Ms. Neelam Sharma and Ms. Kishan Datta, Advocates.

JUDGMENT

S.B. Sinha, J. —

1. Leave granted.

2. Whether back wages should have been directed to be paid in favour of respondent Nos. 2 to 4 by the Industrial Tribunal as also by the High Court of Calcutta is the question involved in this appeal which arises out of a judgment and order dated 1st August, 2007 whereby and whereunder a Letters Patent Appeal filed by the appellant from a judgment and order dated 11th July, 2003 passed by a learned Single Judge of the High Court was affirmed dismissing the writ petition filed by the appellant herein and questioning the validity of an award dated 10th October, 2002.

3. Appellant herein is a successor in interest of a company known as Sandoz (India) Limited. Respondents were appointed as Sales Representatives by the said Santoz (India) Limited. Indisputably in terms of offers of appointment they could be transferred from one place to another.

In October, 1994 respondent Nos. 2 to 4 were transferred to Siwan, Karimganj and Farrukabad respectively. They were allegedly relieved from their duties and were directed to report at the transferred places on or about 17th October, 1994. They filed their representations requesting for withdrawal/ canc






















































































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