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2017 Supreme(Cal) 672

RAKESH TIWARI, SHIVAKANT PRASAD
Medley Pharmaceuticals Ltd. – Appellant
Versus
First Industrial Tribunal – Respondent


Advocates Appeared:
For the Appellant :Mr. L.K. Gupta, Mr. Ranajoy De and Mr. Basabjit Banerjee, Advocates.
For the Respondent:Mr. Jyanta Dasgupta, Mr. Balaram Patra and Mr. Suvodip Bhattacharjee, Advocates.

JUDGMENT :

RAKESH TIWARI, J.

1. This appeal has been preferred challenging the correctness and validity of the judgment and order dated 13th June, 2016, passed in W.P. No. 24999(W) of 2015, on the ground that the impugned judgment and order is bad in law since the Writ Court could not appreciate that ex-parte award, appended as Annexure P-15, has been passed in violation of the provisions of sub-rule (5) of Rule 20-B of the West Bengal Industrial Disputes Rules, 1958 (hereinafter referred to as 1958 Rules) and, as such, the award itself is unsustainable in law.

2. The order impugned has also been assailed on the ground that the Writ Court failed to consider that the Tribunal, being a creature of statute has to perform its statutory functions, as provided in sub-rule (5) of Rule 20-B of the 1958 Rules which reads:

"Statement of case or written statement.

(5) A copy of the statement of case or the written statement shall be served on the first party or the second party, as the case may be, by the Industrial Tribunal/Labour Court within seven days from the date on which copies of the statement of case or the written statement, as the case may be, are filed by making it over to the party co

















































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