SABYASACHI MUKHERJI, J.

( 1 ) SHYAMAPADA Das, the respondent No. 2 is an employee of M/s. Algemene Bank Nederland N. V. , the petitioner herein. The petitioner carries on banking business in India and for this purpose employees various categories of employees namely, officers, clerical staff and subordinate staff at its establishment at 18a, Brabourne Road, Calcutta. The said establishment is a commercial establishment within the meaning of the West Bengal Shops and Establishments Act, 1963 and as such is registered under the said Act. The banking industry has been declared by the appropriate Government as one engaged in the utility service. The terms and conditions of service including the hours of work, wage structure of the employees are governed by various awards namely, Sastri Award, Desai Award and the Industrywise Bipartite Settlement dated the 19th October, 1966 and various settlements arrived at subsequent thereto. It will be necessary at the relevant time to refer to the provisions of the Bipartite Agreement in detail. On the 10th September, 1976 the members of the staff, clerical and sub-ordinate excepting lady staff by ceasing work in combination left their places of wo

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