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1990 Supreme(Cal) 207

M.K.MUKHERJEE
GENERAL ELECTRIC CO. OF INDIA LTD – Appellant
Versus
FIFTH INDUSTRIAL TRIBUNAL – Respondent


Advocates Appeared:
ARUNAVA GHOSH, DEBIPROSAD PAL, N.K.MEHTA, PARTHA SARATHI SENGUPTA, PRABIR BHOWMICK

M. K. MUKHERJEE, J.

( 1 ) PIJUS Kanti Ghosh, the respondent No. 4 (hereinafter referred to as the 'workman') was an employee of the General Electric Company of India Limited ('company for short), the petitioner No. 1 herein. The company dismissed him from its services on October 26, 1981. The respondent No. 3 thereafter raised an industrial dispute in respect of his dismissal and ultimately the Government of West Bengal by its order dated December 27, 1983 referred the following issue to the Fifth Industrial Tribunal, West Bengal, for adjudication:"whether the dismissal of Sri Pijus Kanti Ghosh with effect from 26. 10. 1981 is justified? What relief, if any, is he entitled to?"

( 2 ) BEFORE the Tribunal the respondent No. 3 filed an application under Section 15 (2) (b) of the West Bengal Industrial Disputes (Second Amendment) Act, 1980 ('act' for short) praying for grant of interim relief to the workman which was opposed by the company. After hearing the parties, the learned Tribunal, by his order dated 16. 3. 1988 allowed the said application and directed the company to pay to the workman, at the rate of 50% of his monthly wages for the first 90 days from the date of hisdismissal






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