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1999 Supreme(Cal) 593

S.B.SINHA, MAHEMMAD HABEEB SHAMS ANSARI, D.P.KUNDU
SAMPAT. B. G. – Appellant
Versus
STATE OF WEST BENGAL – Respondent


Advocates Appeared:
ANANT KUMAR SHAW, ARUNAVA GHOSH, D.K.GOELH, PARTHA SARATHI SENGUPTA, S.BATTACHARYA RAJAN, S.PAL CHAUDHARY

S. B. SINHA, J.

( 1 ) REFERENCE to this Full Bench has been made by three different orders in this matter, as the correctness of the Division Bench decision of this Court in Ganges Printing Ink factory Employees Industrial Co-operative society Ltd. and another v. The 7th industrial Tribunal and others, 91 CWN 480, was doubted in Webel Nicco Electronics Ltd. v. Mrs. Anima Roy, (1997-II-LLJ-80) (Cal-db), which view has been reiterated by one of us D. P KUNDU, J. in B. G. Sampat (Babulal gordhandas Sampat) v. The State of West bengal and others. 1991 (1) CLJ 338.

( 2 ) KEEPING in view the said references, one of us in CESC Ltd. v. State of West Bengal, also directed that the matter be heard by a larger Bench and in particular in view of the fact that therein inter alia, the vires of Section 15 (2) (b) of the Industrial Disputes Act, 1947 as amended by the State of West Bengal, had been questioned.

( 3 ) AS the questions raised before us are pure questions of law and as this Bench has been called upon to answer the reference only, it is not necessary to state the fact of the matter in detail. Suffice it to point out that in all the aforementioned cases, the services of the employees




































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