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2014 Supreme(Cal) 336

SOUMEN SEN
Budge Budge Floor Coverings Ltd. – Appellant
Versus
Second Industrial Tribunal – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Dipak Kumar Ghosh, Mr. Ranjay De.
For the Respondent No.5: Mr. R. Guha Thakurta, Mr. Kumar Shantanu.

JUDGMENT

Soumen Sen, J.:-This writ petition is directed against the award dated 10th December, 2013 passed by the Second Industrial Tribunal, West Bengal in Case No. VIII-120/2005.

The Tribunal by the impugned award has declared the suspension of the work by the management with effect from 29th October, 2003 as unjustified. The charter of demands raised by the union prior to the suspension of the work was held to be valid and justified.

The issues specified in the order of reference for adjudication are as follows:

“1. (a) Whether the suspension of work declared by the management of M/s. Birla DLW Ltd. w.e.f. 29-10-03 is justified ?

(b) What relief, if any, are the workmen entitled to?

2. (a) Whether the demand of the Unions raised with regard to (I) Basic Wages, (ii) grade and scale of pay, (iii) VDA, (iv) Permanency, (v) Cheap canteen facility and (vi) bonus is justified?

(b) What relief, if any, are the workmen entitled to?

The proceeding before the Tribunal was initiated on the basis of a reference order being G. O. 1267-IR/IR/7L-03/98 dated 04/05.10.2005.

The Union before the Tribunal contended that the writ petitioner is a joint venture company promoted by M/s. Birla DLW Limite

































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