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2017 Supreme(Cal) 409

SUBRATA TALUKDAR
Central Leather Research Institute – Appellant
Versus
Lipika Mondal – Respondent


Advocates Appeared:
For the Petitioner:Pulakesh Bajpayee, Advocate.
For the Respondents:Lipika Mondal, Advocate.

JUDGMENT :

SUBRATA TALUKDAR, J.

1. In this writ petition the short point of challenge is thrown by the Central Leather Research Institute (for short CLRI), Regional Office to the Award dated 12th November, 2014 passed by the Ld. Presiding Officer of the Central Government Industrial Tribunal at Kolkata in Reference Case No. 11 of 2008 (for short the Award, the Tribunal and the Reference respectively).

2. By the Award, the workman, being the present private respondent No.1, was directed to be reinstated in the service of CLRI with full back wages since the Tribunal held the termination of the private respondent No.1 to be illegal.

3. Mr. Pulakesh Bajpayee, Ld. Counsel appearing for CLRI submits that the Award is jurisdictionally flawed since the Tribunal did not consider at all whether CLRI is an 'Industry' within the meaning of the Industrial Disputes Act, 1947 (for short the 1947 Act).

4. The second issue argued by Mr. Bajpayee is that the private respondent No.1 was only associated with different projects of the CLRI as a Research Assistant and, therefore could not qualify to be a regular workman under the 1947 Act.

5. The private respondent No.1, Ms. Lipika Mondal, appears in person a






































































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