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2022 Supreme(Cal) 506

T. S. SIVAGNANAM, BIVAS PATTANAYAK
Alembic Limited – Appellant
Versus
State Of West Bengal – Respondent


Advocates appeared:
Mr. Partha Sarathi Sengupta, Senior Advocate Mr. Soumya Majumder, Senior Advocate, Mr. Sumanta Biswas, Adv, Mr. Bikash Shaw, Adv. for the Appellant, for the Appellant; Mr. Bikash Ranjan Bhattacharyya, learned Senior Advocate Mr. Suvodip Bhattacharjee, Adv. Mr. Balaram Patra, Adv. for the Respondent No. 5

JUDGMENT

T.S.Sivagnanam, J. - This intra Court appeal filed by M/s. Alembic Limited (hereinafter referred to as the management) is directed against the order dated 26.06.2019 in WP No. 597 (W) of 2019. The said writ petition was filed assailing the correctness of Order No. 158 dated 31.05.2018 passed by the Third Industrial Tribunal. The facts leading to the order impugned in the writ petition can be culled out as here under:

2. The Fourth Respondent herein, Federation of Medical and Sales Representatives Association of India (FMRAI) having its registered office at Mumbai and operational office at Kolkata filed a petition dated 08.06.2006 before the Labour Commissioner, Government of West Bengal alleging unilateral action of the management in alteration of service conditions of sales promotion employees in violation of Section 9A of the Industrial Disputes Act 1947 (the Act for brevity). It was stated that the management transferred the services of all sales promotion employees all over the country from various subsidiary companies to the management company as the principal employee, with effect from 11.06.2004. Consequent to this transfer, the management unilaterally curtailed the e

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