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1954 Supreme(Cal) 86

SINHA
SISIR KUMAR LAHA – Appellant
Versus
J. N. MAJUMDAR – Respondent


Advocates Appeared:
AMAR NATH BANERJEE, PHANINDRA KUMAR SANYAL, PURNENDU NARAYAN BISWAS, SNEHANSU ACHARYYA

SINHA, J.

( 1 ) THE petitioner is an employee of the opposite party No. 17, The Bank of India Limited. What had happened is this: The Bank had certain disputes with its workmen and the result was that certain workmen, namely, the opposite parties Nos. 4 to 15 and one Ram Bhadra Misra were dismissed from service on or about 27-12-1951. These 13 dismissed employees objected to their dismissal and on 22-7-1952 an order was made referring the dispute for adjudication to the Industrial Tribunal at Calcutta constituted under Section 7, Industrial Disputes Act 1947. The dispute was as follows: "whether the termination of the services of the undermentioned persons from the Calcutta Branch of the Bank was justified and, if not, what relief should be granted to them. " Then follows the names of the 13 dismissed employees. It appears that the petitioner here was taken in to fill the vacancy caused by the dismissal of these workmen. He was taken in, on or about 2-1-1952. It is clear therefore that when the dispute which was subsequently referred to for adjudication arose, the petitioner was not employed by the Bank at all. He came in afterwards. He is not one of the persons whose services wer











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