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2001 Supreme(Cal) 574

A.N.RAY, S.N.BHATTACHARJEE
SARASWAT TRADING AGENCY – Appellant
Versus
UNION OF INDIA – Respondent


Advocates Appeared:
A.BAGARIA, B.K.SINGH, DIPAK BASU, I.P.MUKHERJI

A. N. Ray, S. N. BHATTACHARJEE

( 1 ) THIS is an appeal from a judgment and order dated the 4th of February, 2000 whereby the application of the Union of India was allowed in respect of an award passed by one H. K. Padhee, an erstwhile Railway employee, the award being dated 25th of August, 1993. The award went in favour of the appellant before us and three items were awarded, of the respective amounts of approximately Rs. 3. 13 lakh, 18. 96 lakh and 5. 64 lakh. The first two amounts were by way of revision of casual labour for the respective periods of February, 198 7/04/1988 and May, 198 8/01/1989. The third item was on the head of interest @18% per annum.

( 2 ) THE records show that the feeling amongst the railway officers was that the ward was on the upward side. They sought to negotiate with the appellant, so as to persuade them to accept a lesser sum in satisfaction.

( 3 ) THE minutes of 4-10-1993 show that the appellant was not agreeable to give up any of the claims under the award, except that they would allow a 2% rebate if the full payments were to be by 26-10-1993.

( 4 ) THEN something happened in the course of 48 hours, which made the appellant take a radically differ















































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