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1986 Supreme(Cal) 314

PRATIBHA BONNERJEA
W. B. INDUSTRIAL INFRA-STRICTIRE DEVELOPMENT CORPN. – Appellant
Versus
M/S. STAR ENGINEERING CO. – Respondent


Advocates Appeared:
A.C.BHABRA, ABHIJIT CHATTERJI, Bhaskar Gupta, PRADIP GHOSH, S.P.MAJUMDER, TAPAS BANERJI

PRATIBHA BONNERJEA, J.

( 1 ) THE petitioner has taken out this application for setting aside the award dt. 6th Mar. , 1985 on several grounds set out in para 20 of the petition. The award is for Rs. 5,50,000/- in favour of the respondent and is a non-speaking award.

( 2 ) THE main claim of the respondent was for idle labour. It was alleged that Rs. 2,50,000/- was paid by the respondent by way of advance to the labourers but no work could be done as the land was not made available to the respondent by the petitioner for filling up the same with good earth. To obtain possession of these lands, the petitioner was to pay compensation to the owners of the land and to hand over the same to the respondent but the petitioner had failed and neglected to pay the owners for which no work could be proceeded with. Another claim was for Rs. 1,00,000/- for labourers sitting idle from 19th Jan. , 1983 due to the fact that the petitioner failed to finalise payment with the bargadars and local plot holders who obstructed and suspended the work of the respondent resulting in heavy loss as aforesaid. The third claim for idle labour for Rs. 1,00,000/- was on the ground that earth could not be excavate









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