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1964 Supreme(Cal) 226

D.BASU
T. SANJEEVI – Appellant
Versus
STATE OF WEST BENGAL – Respondent


Advocates Appeared:
H.P.GHOSH, N.GUPTA

D. BASU, J.

( 1 ) THE petitioners, T. Sanjeevy and Krishnapada Chatterjee, were employees of the Himalayan Aviation Ltd.--Respondent No. 4. By two notices of November, 1951 and March, 1952, Respondent No. 4 terminated the services of the Petitioners whereupon the Petitioners moved the Labour Commissioner, and a conciliation proceeding for settlement of the industrial dispute arising out of that order of termination of services was started. During the pendency of the said conciliation proceeding the undertaking of Respondent No. 4 was transferred to and vested in the Indian Airlines Corporation.--Respondent No. 3,--with effect from the 1st of August, 1953, under the provisions of the Air Corporations Act, 1953. Failing conciliation, the dispute was eventually referred for adjudication to the Sixth Industrial Tribiunal, West Bengal, and the Indian Airlines Corporation was made a party in that proceeding. After a remand by the Labour Appellate Tribunal, holding that the proceeding was maintainable against Respondent No. 4 but not against Respondent No. 3, the dispute was determined by an award of the Sixth Industrial Tribunal dated the 4th October, 1956 (Ann. C to the Petition), by w









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