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IN THE HIGH COURT AT CALCUTTA
SHAMPA DUTT (PAUL)
Bengal Chamber of Commerce and Industry – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
SHAMPA DUTT (PAUL), J.
1. WPA 27751 of 2025 has been preferred challenging an award dated 22nd July, 2025 passed by the learned Fifth Industrial Tribunal in Case No. 04 of 2009 under Section 33(2)(b) of the Industrial Disputes Act, 1947.
2. WPA 27757 of 2025 has been preferred challenging an award dated 22nd July, 2025 passed by the learned Fifth Industrial Tribunal in Case No. 03 of 2009 under Section 33A of the Industrial Disputes Act, 1947.
3. Vide the impugned order dated 22.07.2025, the learned Judge, 5th Industrial Tribunal, Kolkata was pleased to dismiss the petitioner's case under Section 33(2)(b) of the Act on contest without cost.
4. Vide the impugned order dated 22.07.2025 under Section 33A of the I.D. Act, the tribunal on setting aside the order of termination of the employee, granted compensation of Rs. 10(Ten) lakh.
5. The petitioner's case is that the petitioner No.1 is company registered under Section 8 of the Companies Act, 2013, while the Respondent No. 3 is a former employee, who was appointed as a lady stenographer in 1995 and occupied a position of confidence, dealing with confidential administrative matters. Owing to grave misconduct committed by the Resp
An employee's admission of guilt can be the foundation of the rights of the parties, and the Industrial Tribunal erred in not considering the employee's admission of guilt and the payment of one mont....
The court emphasized that the Tribunal's jurisdiction under Section 33(2)(b) is limited to assessing victimization, not the detailed legality of a domestic inquiry.
Rejection of an approval application under Section 33(2)(b) of the Industrial Disputes Act, 1947 deems that the order of discharge or dismissal had never been passed, entitling the employee to reinst....
The court's decision was based on the finding that the termination was not with an intention to victimize the workman, and the principles of natural justice in the domestic enquiry were not adjudicat....
The main legal point established in the judgment is that the proceedings under Section 33(2)(b) of the Industrial Disputes Act are distinct from the proceedings under Section 10, and the findings und....
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