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2008 Supreme(Cal) 92

ANIRUDDHA BOSE
C. E. S. C. Limited – Appellant
Versus
STATE OF WEST BENGAL – Respondent


Advocates Appeared:
For the Appearing Parties:Partha Sarathy Sengupta, Soumya Mazumdar, A. K. Das, S. Bhattacharyya, Advocates.

Judgment

ANIRUDDHA BOSE, J.:-

1. In the present writ petition, under challenge in substance is the legality of a proceeding initiated under the provisions of Section 10(1B) of the Industrial Disputes Act, 1947 (as amended in West Bengal). I shall describe this statute in the later part of this judgment as “The Act”. The petitioners, who are a company and a licensee under the Electricity Act, 2003 have approached this Court mainly for quashing of a certificate issued in Form-S as per Rule 12A(3) of the West Bengal Industrial Disputes Rules, 1958, and a notice issued by the learned Judge, Second Labour Court, requiring the appearance of the petitioners before the Court for framing of issues. I shall henceforth refer to these Rules as the said Rules. The certificate in form S stipulates pendency of a conciliation proceeding for more than sixty days. The notice of the Labour Court requires appearance of the petitioners for hearing regarding framing of issues in connection with a dispute between the petitioners and the respondent no. 4. These two documents have been made Annexures “P8” and “P10” of the writ petition.

2. The controversy out of which the present writ petition arises, relate






































































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