B. N. BANERJEE, J.

( 1 ) AN industrial dispute, between Messrs. Atal Behari Nayak (Proprietor Shri Jagabandhu Nayak) of No. 9/5c, Munshiganj Road, Kidderpore and their workmen represented by the National Union of Tea Workers, was referred by the Government of West Bengal to the 1st Industrial Tribunal for adjudication. The industrial dispute related to retrenchment of workmen. The Tribunal made an award against the employer holding that the order of retrenchment was neither valid nor justifiable excepting in the case of two named workmen. Apparently the award was not implemented and the workmen who had been retrenched were not taken back. Thereupon, on February 4, 1963, a Labour Officer to the Government of West Bengal wrote a letter, which I set out below:"to (1) M/s Atal Behari Nayak 9/5c, Munshiganj Road, calcutta-33. (2) M/s A. B. Trading and Co. 9/5b, Munshiganj Road, Calcutta-33. Dated 4-2-63. Subject--Non-implementation of award dated 25-1-62. Sir, with reference to the above I have to request you to implement the above award by reinstating the retrenched workmen concerned and to report compliance to this office within 10 days from date failing which prosecution may be laun

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