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2011 Supreme(Cal) 703

PINAKI CHANDRA GHOSE, SHUKLA KABIR SINHA
STATESMAN LTD. – Appellant
Versus
FIRST INDUSTRIAL TRIBUNAL, WEST BENGAL – Respondent


Advocates Appeared:
Abhijeet Chatterjee, Anindya Basu, S. R. Saha for the appellant;
Pradip Roy for the respondents.

JUDGMENT

Pinaki Chandra Ghose, J. : This appeal is directed against a judgment and/or order dated 25th April, 2003 in a writ petition being W.P. No. 1372 of 1999. The said writ petition was filed by the appellant, the employer herein, challenging the validity and/or legality of the order passed by the learned Tribunal in respect of the workman who was considered by the learned Tribunal as 'Protected workman'.

2. The learned Tribunal held that the employer is guilty of doing unfair labour practice within the meaning of the 5th Schedule of the Industrial Disputes Act for which the employer can be penalized under the provisions of the Industrial Disputes Act.

3. The Hon'ble Single Judge after hearing the parties dismissed the writ petition on the ground that there is no infirmity and/or irregularity in respect of the order passed by the learned Tribunal and the Court did not interfere with the said order and dismissed the writ petition.

4. The facts of the case briefly are as follows.

5. The Government of West Bengal, Labour Department, referred one industrial dispute for adjudication by the First Industrial Tribunal vide Order No. 1648 - IR dated 15th December, 1998 under section 10 of th

















































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