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1990 Supreme(Cal) 230

KALYANMOY GANGULI
BATA INDIA LTD – Appellant
Versus
7th INDUSTRIAL TRIBUNAL, West BENGAL – Respondent


Advocates Appeared:
J.C.CONSUL, JAYANTA GHOSH, P.P.GINWALA, S.B.SINHA ROY, S.K.DUTTA, S.R.GHOSH

K. M. GANGULY J.

( 1 ) THIS is an application u/s. 17b of the Industrial Disputes Act. The writ petitioner moved the connected writ petition against an order which is Annexure I to the writ petition on an application made by the writ petitioner before the learned Seventh Industrial Tribunal u/s 33 (2) (b) of the Industrial Disputes Act for according approval to an order of dismissal passed by the writ petitioner company. The learned Tribunal did not accord any such approval to the order of dismissal and the application u/s. 33 (2) (b) was dismissed on contest. Against the aforesaid order of the learned Tribunal the Company moved this court u/art. 226 of the Constitution of India and obtained a Civil Order. There were certain other interlocutory proceedings regarding payment of money with which we are not concerned in the instant application u/s. 17b. An affidavit-in-opposition has been filed by the writ petitioner to the application u/s. 17b.

( 2 ) SECTION 17b, of the Industrial Disputes Act, 1947 reads as under : "where in any case a Labour Court, Tribunal or National Tribunal by its award directs reinstatement of any workman and the employer prefers any proceedings against such



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