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2023 Supreme(Cal) 723

SUBRATA TALUKDAR, SUPRATIM BHATTACHARYA
West Bengal Transport Corporation Ltd. – Appellant
Versus
Calcutta Tram Mazdoor Sabha – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Deblina Chattaraj.
For the Respondents: Saptangshu Basu, Shibnath Bhattacharya, Abhishek Bhattacharjee.

JUDGMENT :

1. The instant appeal has been preferred against the Judgment and Order passed by the Hon’ble Single Bench dated the 18.05.2022 in W.P.O. No. 1017 of 2022.

2. The appellant, that is the West Bengal Transport Corporation Ltd. (for short WBTC), formerly known as the Calcutta Tramways Company Ltd. (for short CTC), was the respondent No. 2 in the writ petition.

The Calcutta Tram Majdoor Sabha, a registered trade union being represented by its General Secretary, is the respondent No. 1 in the instant appeal. The said trade union was the writ petitioner.

The Managing Director, WBTC and the Chief Accounts Officer, WBTC, being the appellants No. 2 and 3, were the respondent nos. 3 and 4 in the writ petition.

The State of West Bengal being represented by the Secretary Transport Department, Government of West Bengal, who was the respondent No. 1 to the writ petition, has not been made a party in the instant appeal.

3. Through the impugned Judgment, the Hon’ble Single Bench has stated as follows:

    “in the fixation of benefits under ROPA 1998, the petitioner as a trade union had a negotiating authority. It can, therefore, maintain a writ petition with regard thereto unlike an individual cla

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