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2014 Supreme(Cal) 457

NISHITA MHATRE, TAPASH MOOKHERJEE
D. N. De Homoeopathic Medical College & Hospital Employees’ Union – Appellant
Versus
State of West Bengal – Respondent


Advocates Appeared:
For the Petitioner: Mr. Aniruddha Chatterjee Mr. Kushal Chatterjee,
For the State : Mr. Pranab Datta Mr. Joytosh Majumder Mr. Pinaki Dhole

JUDGMENT

Nishita Mhatre, J.:

1. The challenge in this petition is to an order passed by the West Bengal Administrative Tribunal in O.A. No.5416 of 1999. The Tribunal has dismissed the application filed by the petitioner which is a trade union registered under the Trade Unions Act, 1926. The Tribunal has held that the petitioner’s claim for benefits for its members, who were employees of the D. N. De Homoeopathic Medical College and Hospital from 27th December, 1982 cannot be sustained and is without merit.

2. The petitioner is a trade union representing the cause of its members who were all employed by the D. N. De Homoeopathic Medical College and Hospital as non-teaching and non-medical staff. In the year 1982, the Government of West Bengal decided to take over the management of the College and Hospital and to subsequently acquire the same. An Act known as the D. N. De Homoeopathic Medical College and Hospital (Taking Over of Management and Subsequent Acquisition) Act, 1983 (for short the Act of 1983) was promulgated for this purpose. The object of the Act was to take over the institution for a limited period and its subsequent acquisition, if necessary. The purpose was to make be






























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