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2025 Supreme(Online)(Cal) 4156

CALCUTTA HIGH COURT
Shampa Dutt (Paul), J
BIDHU BHUSAN SARKAR – Appellant
Versus
UNION OF INDIA & ORS. – Respondent


Advocates:
For the Petitioner: Mr. Bidhu Bhusan Sarkar (in person)
For the Respondents: Mr. Sounak Bera, Mr. Tapan Bhanja, Mr. Suysanta Pal, Mr. Pradipta Basu

Hearing concluded on : 10.07.2025 Judgment on : 17.07.2025 Shampa Dutt (Paul), J.:

1. The writ application has been preferred praying for direction upon respondent no. 3 to cancel, set aside and rescind Order dated July 30, 2015 in Comp. Case No. 35 of 2002 whereby the learned Judge was pleased to dismiss the case under Section 33 -C (2) of the Industrial Disputes Act, 1947 .

2. The petitioner’s case is that he was a permanent employee of the respondent no. 2, being employee no. 561 and he was posted in the Behala Unit at 25, Ho Chi Minh Sarani, P. S. Thakurpukur, Kolkata – 700 061, Dist. South 24 Parganas. On 4th April, 1998, the employer company issued a purported charge sheet to the petitioner with mala fide intention and on 7th June, 1999 the respondent company filed a purported application before the learned Tribunal under Section 33 (2)(b) of the Industrial Disputes Act, 1947 for approval of the said dismissal of the petitioner.

3. The application under Section 33 (2)(b) of the Industrial Disputes Act, 1947 was heard by the learned 8th Industrial Tribunal, West Bengal and on contested hearing, the learned Tribunal by an Order No. 71 dated 09.08.2002 was pleased to dismiss the ap

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