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2010 Supreme(Cal) 585

HARISH TANDAN, PINAKI CHANDRA GHOSE
Varun Car Agency Ltd. – Appellant
Versus
State – Respondent


Advocates appeared:
Partha Sarathi Sengupta, Arunava Ghosh, Dvaipayan Sen Gupta, Anindya Lahiri

JUDGMENT

1. INSTEAD of hearing the stay petition, by consent of the parties, this appeal is taken up and is disposed of.

2. THIS appeal is directed against an order passed by the Hon'ble First Court dated 24th February, 2010 whereby the Writ Court was pleased to refuse to pass any interim order giving liberty to the writ petitioners to remove plants/machineries etc. from the premises in question. However, the learned trial Court was pleaded to direct the police authorities to ensure that peace in and around the premises in question, is not breached. The learned trial Court further directed the parties to file their affidavits.

Being aggrieved, this appeal has been filed by the writ petitioners.

3. THE facts of the case briefly are as follows :

4. ON 13th April, 2009 the writ petitioner company issued a closure notice declaring closure of its establishment with effect from 16th June, 2009. Notice was issued on 11th May, 2009 to the workmen to collect their dues and further during 12th May, 2009 and 8th June, 2009 individual notices were served to each of the worker regarding termination of service and tendered compensation along with calculation of dues. It further appears from time
















































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