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2022 Supreme(Cal) 1267

T. S. SIVAGNANAM, BIVAS PATTANAYAK
North Bengal State Transport Corporation – Appellant
Versus
Sanjoy kundu – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Srijan Nayak, Adv Mr. Soumyo Majumder, Adv Mrs. Rituparna Moitra, Adv
For the Respondent: Mr. Bikash Ranjan Bhattacharya, Ld. Senior Adv. Ms. Santi Das, Adv Mr. Banibrata Roy, Adv

JUDGMENT :

Bivas Pattanayak, J.

1. Both the appeals have been preferred by North Bengal State Transport Corporation (hereinafter referred to as NBSTC) challenging the common judgment and order passed by learned Single Judge of this Court allowing WP no. 4177(W) of 2016 filed by respondents (hereinafter referred to as the applicants) and dismissing WP no. 33666(W) of 2014 filed by appellant-NBSTC.

2. The precise fact involved in the present appeals is that the respondents-applicants filed an application under Section 2A(2) of the Industrial Disputes Act, 1947 before the 7th Industrial Tribunal, Government of West Bengal for reinstatement and absorption of labours appointed through contractors with the following contentions:

    (i) Since 11.07.1989 they were engaged in various sections of NBSTC having its depot/stand at Chandni Chawk, Esplanade, Ultadanga and Barasat as Supervisors/Security Guards/Majdoor and were appointed through various contractors since 1989 namely Bengal Protective Guard, Indian Military League, Indian Ex-Military Force, D & A Security Service, M/s Soin, etc. till 12.11.2006.

(ii) The NBSTC, Cooch-Behar appointed respondent namely M/s Delta Security Services, a contract

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