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SOUMEN SEN
Standard Pharmaceuticals Ltd. – Appellant
Versus
State of West Bengal – Respondent


Advocate Appeared:
For the Petitioner:Rananeesh Guha Thakurta and Sakya Sen, Advocates
For the State :Amrita Lal Chatterjee, Advocate
For the Respondent:Rathindra Nath Paul, Advocate

JUDGMENT :

Soumen Sen, J.

In this writ application, the petitioner has challenged the order passed by the Presiding Judge, Second Labour Court on October 5, 2012 in a computation proceeding under Section 33C(2) of the Industrial Disputes Act, 1947. The Labour Court has computed the back-wages and other consequential benefits on and from September, 2002 till December, 2006 and, thereafter, awarded interest @ 10% for the aforesaid period till its actual realization.

2. The partition of the award allowing interest is the subject matter of challenge in this proceeding.

3. The award was passed ex parte since it appears from the record that the writ petitioner chose not to appear in the said proceeding. The record of the proceedings reveal that the writ petitioner initially entered appearance and contested the application filed under Section 10(1)(d) of the Industrial Disputes Act, 1947 by filing their written statement, but subsequently did not turn up to adduce any evidence after completion of the cross-examination of PW-1. The Presiding Judge, Second Labour Court, accordingly, had no other option, but to proceed with the application and in an elaborate and well considered judgment awarded




















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