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2021 Supreme(Cal) 172

SHAMPA SARKAR
Ganges Manufacturing Company Limited – Appellant
Versus
State Of West Bengal – Respondent


Advocates Appeared:
Partha Bhanja Chowdhury, Advocate, Rabi Kumar Dubey, Advocate, Balaram Patra, Advocate

JUDGMENT

Shampa Sarkar, J. - Being aggrieved by the award dated August 29, 2011 passed by the learned Judge, First Labour Court, West Bengal at Kolkata, in Case No. 02 of 2000, the employer-company and one its officers have preferred this writ petition under Article 226 of the Constitution of India. By the said award, the court below had, inter alia, held that the service of the applicant, was terminated illegally by the Company and the workman who is the respondent no.3 herein, was entitled to get back his service with full back wages and other consequential benefits. The company had been further directed to reinstate the respondent no.3 with immediate effect and to pay him the full back wages from the date of termination till the actual date of reinstatement.

2. The facts leading to the filing of the writ petition are that the respondent no. 3 while working as a pair spinner had been allotted work in the 'B' Shift. On December 13, 1998, at about 8.30 p.m., the respondent no. 3 was found working in an inefficient manner. When the superintending shift assistant questioned the respondent no. 3, he shouted back at his superior in abusive language and threatened to kill him by pointing

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