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2024 Supreme(Cal) 845

RAJA BASU CHOWDHURY
Aditya Birla Insulators (Previously known as Jayashree In) – Appellant
Versus
Learned Seventh Industrial Tribunal – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Ranjay De, Basbjit Banerjee, A.A. Bose.
For the Respondents: Jayanta Dasgupta, Balaram Patra.

JUDGMENT :

RAJA BASU CHOWDHURY, J.

1. The instant writ petition has been filed, inter-alia, challenging the award dated 23rd August, 2013 passed by the Learned Seventh Industrial Tribunal, West Bengal.

2. Shorn of unnecessary details, the facts are that the respondent no. 3 happens to be an ex-employee of the writ petitioner. It is the petitioner’s case that at the material point of time, the respondent no. 3 was engaged as a supervisor of the cleaning department of the petitioner at its factory at Rishra.

3. In course of employment, by a notice in writing dated 6th October, 1997, it was notified that during the Pujas on 9th October, 1997, 10th October, 1997 and 11th October, 1997, certain departments of the petitioner including the department where the respondent no. 3 was engaged, will be kept functional and that the workmen concerned will be paid one and a half time of the wages for working on paid holidays, in addition to their usual wages paid on holidays. Inasmuch as the respondent no. 3 did not report for duty on the aforesaid three dates despite instruction from his superior without any intimation in that regard, by a written order dated 14th October, 1997, he was locked-out wi

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