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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

Table of Content
1. court confirms legality of dismissal order and affirms the labour court's findings. (Para 8 , 11 , 12 , 13)
2. writ application challenges dismissal order under industrial disputes act. (Para 10)
3. final ruling dismisses the petition after establishing that dismissal remains effective. (Para 14 , 15)

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 Dispute

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