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1964 Supreme(Cal) 203

D.BASU
B. N. ELIAS AND CO. PRIVATE LTD. – Appellant
Versus
FIFTH INDUSTRIAL TRIBUNAL OF WEST BENGAL – Respondent


Advocates Appeared:
A.CHAUDHARY, M.M.SAHAI, P.P.Ginwalla

D. BASU, J.

( 1 ) THE Petitioner's case, in this petition under Article 226, is that owing to a diminution in the business of the Oriental Electrical and Engineering Co. , of which the Petitioner company is the Managing Agent, the Petitioner, in June 1958, retrenched some 16 employees, including Respondents 3 to 17 (hereinafter referred to as 'the workmen'), after complying with the requirements of Section 25f of the Industrial Disputes Act, 1947 (hereinafter referred to as 'the Act'), and the workmen received final settlement of their dues under receipts granted in Ex. A series. Notwithstanding this fact and the further fact that two of the workmen, namely, Respondents 4 and 5 accepted permanent employment under another employer, the State Government, in December, 1958, referred the industrial dispute alleged to have arisen between the petitioner and the workmen for adjudication to the Fifth Industrial Tribunal (Respondent No. 1 ). The Tribunal gave its award (Ex. E) on the 27th June, 1963, holding that: (a) Instead of P. B. Mukherjee (Respondent No. 13), one A. Das should have been retrenched; so that Mukherjee should be reinstated with 50% of his ordinary wages for the period o










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