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2023 Supreme(Cal) 663

RAJA BASU CHOWDHURY
Krishnadas Bhattacharjee – Appellant
Versus
State of West Bengal – Respondent


Advocates:
Advocate Appeared:
For the petitioner: Mr. Rananees Guha Thakurta, Adv., Ms. Senjuti Sengupta, Adv., Ms. Dona Ghosh, Adv., Mrs. Dipa Roy, Adv.
For the Respondent: Mr. Narayan Bhattacharya, Adv., Mr. Prabir Kumar Roy, Adv

JUDGMENT :

Raja Basu Chowdhury, J:

1. The present batch of writ applications concerns challenge to the orders passed by the Tribunals/Labour Courts constituted under the provisions of Industrial Disputes Act, 1947 (hereinafter referred to as the said Act), whereby the Tribunals/Labour Courts have been, inter alia, pleased to not only entertain proceedings but have also proceeded to hear out matters, by exercising jurisdiction under section 2A(2) of the said Act, notwithstanding the repeal of the Industrial Disputes (Amendment) Act, 2010 (hereinafter referred to as the “Amendment Act of 2010”) as a whole, by the Repeal and Amendment Act of 2016 (hereinafter referred to as the “Repealing Act”).

2. Since all the aforesaid applications raise a common question, as regards the legality and validity of proceedings under section 2A (2) of the said Act, the hearing of all the aforesaid applications is taken up together.

3. It appears that there are two sets of contenders, one set of parties who are mostly representing the employers, claim, consequent upon repeal of the Amendment Act of 2010, as a whole, section 2A(2) of the said Act, does not survive in the statute book, for the Tribunals/Labou

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