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2021 Supreme(Cal) 14

ABHIJIT GANGOPADHYAY
Balaram Banerjee – Appellant
Versus
Gladestone Lyall and Co. Ltd. – Respondent


Advocates Appeared:
For the Petitioner: Mr. Soumya Majumdar, Mr. Victor Chatterjee.
For the Official Liquidator : Mr. M.C. Ghosh.
For the Respondent: Mr. K.J. Tiwari.

JUDGMENT :

Abhijit Gangopadhyay, J.

1. The petitioner had filed an application under Section 33C (2) of the Industrial Disputes Act, 1947 (hereinafter referred to as the ID Act) on or about 21.05.1996 numbered as Case No. COMP.39/96 which was decided by the First Labour Court, West Bengal on 19th May, 2014. Thus the computation case was kept pending for nearly 18 years. The First Labour Court took this 18 years time to reject the said application.

2. Against such rejection present writ application has been filed. Some relevant dates, as appears from the writ application are given below to understand the facts :

Sl. No. Date/Year Event

1. 1960 The petitioner joined service of a company (M/s. Gladestone Lyall).

2. 23.11.1970 Retrenched from service along with other employees. (His date of retirement, had he been in service, was 31.12.1990).

3. 1971 A dispute was raised and the Government of West Bengal referred it as an Industrial Dispute between the company and their workmen under the ID Act and the matter was heard by 8th Industrial Tribunal.

4. 02.04.1973 The award passed by the Industrial Tribunal was published in the official gazette under Section 17 of the ID Act. The award was in favo

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