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2010 Supreme(Cal) 1353

ANIRUDDHA BOSE
Workmen Of Jenson And Nicholson (India) – Appellant
Versus
STATE OF WEST BENGAL – Respondent


Advocates Appeared:
P.S. Sengupta, Tarun Kanti, R.R. Prasad, Susanta Pal, Surndra Kumar

JUDGMENT

1. THE petitioners before me are the workmen of Jenson and Nicholson (India) Ltd., being the respondent No. 3 herein. In this writ petition, they challenge an award made by the Third Industrial Tribunal, West Bengal dismissing the reference made to it by the State Government on the question of legality of closure of the head office of the company. THE closure was declared on 17th June 2003. THE two issues referred to the Tribunal by the State Government were:-

"(1) Whether the closure of the head office of the Company at 225, A.J.C. Bose Road, Kolkata-700 020 declared by the management w.e.f. 17.06.2003 is justified? (1) What relief, if any, are the workmen entitled to?"

2. PRIOR to effecting closure, it is the admitted position that 48 employees of the company were disbursed arrear salary of 15 days and one month's pay in lieu of notice. What was computed as closure compensation was sought to be paid by 18 postdated cheques of diverse sums for the individual workmen. Through these cheques, closure .compensation was sought to be disbursed on equal monthly instalments (EMI) basis. In course of hearing, it was submitted by Mr. Sengupta, learned Counsel appearing for the petiti















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