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1960 Supreme(Cal) 84

D.N.SINHA
B. N. ELIAS AND CO. PRIVATE LTD. – Appellant
Versus
THE AUTHORITY APPOINTED UNDER THE PAYMENT OF WAGES ACT – Respondent


Advocates Appeared:
K.C.MUKHERJI, P.P.Ginwalla

D. N. SINHA, J.

( 1 ) THE petitioner in this case is a Private Limited Company incorporated under the Indian Companies Act 1913. One of the businesses of the Company is carried on under the same and style of the "empire Bone Mills", In the said business, the petitioner crushes raw bones at its bone mills at Bansberia in the District of Hoghly and sells the various products of such crushig. It is stated that by reason of the partition of India in 1947, the petitioner lost a large number of principal sources of raw bones situated in Pakistan and also had to face competition with other bone mills nearer to the sources of supply. As a result of shortage of raw materials, the petitioner had been compelled to discontinue the working of his mill and to lay off its workmen and finally in January 1958 the business was practically closed and the workmen retrenched. On or about 13th January, 1958, 92 of its workmen employed in the said bone milk were retrenched and compensation was paid under Section 25-F of the Industrial Disputes Act, 1947. On or about 9th of April, 1959 the respondent No. 2, Nirmal Kumar Bhattacharjee claiming to be an official of a registered Trade Union, who had been au











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