16.02.2026 In The High Court at Calcutta Item No.21 Constitutional Writ Jurisdiction Court No.30 CHC Appellate Side WPA 3345 of 2026 M/s. Eskag Pharma Private Limited Vs.

Rana Halder & Anr.

Mr. Soumya Majumder, Senior Advocate Mr. Kaushik Kishore Ghosh, Advocate …for the petitioner Ms. Ashmita Chatterjee, Advocate …for the respondent no.1 Mr. Susanta Pal, Advocate …for the State

1. Affidavit-of-service filed in Court be kept with the record.

2. The writ application has been preferred challenging an award dated 31^st December, 2025, passed by the Learned Seventh Industrial Tribunal, West Bengal in Case No. 10 of 2016 under Section 2A(2) of the Industrial Disputes Act, 1947.

3. By the impugned order, Learned Tribunal has come to the finding that the respondent no.1, herein is a workman and has passed an order as follows:-

“that the instant case being No.10/2016/2A(2) u/s. 2A(2) of the Industrial Disputes Act, 1947 be and the same is allowed on contest but without any order as to costs against the OP/Company. The letter dated 30.11.2015 (Exhibit-D) is set aside being bad, illegal and unjustified.

The applicant/workman is entitled to be reinstated in service with effect from 01.12.2015 with full back wages alongwith all other consequential benefits thereto arising out of such reinstatement and continuity of service and the service of the applicant/workman shall be deemed to be continuous service without any break.

The OP/Company is directed to pay full back wages alongwith all other consequential benefits thereto arising out of such reinstatement till the date of reinstatement and also other benefits being paid to other workman/workmen under various beneficial, welfare and/or benevolent schemes of the OP/company. The OP/Company is further directed to ensure that the applicant/workman is not deprived of the annual increments which fell due from time to time since 01.12.2015.

The OP/Company is also directed to pay all the dues and outstanding as directed by this Tribunal with interest @ 10% per annum within thirty days from the date of this order. The aforesaid is the Award of this Tribunal passed in this instant case no.10/2016/2A(2) u/s. 2A(2) of the Industrail Disputes Act, 1947..

The case no.10/2016/2A(2) u/s. 2A(2)

stands disposed of on contest.

Let copy of this Award be sent to the appropriate authority(ies) as envisaged under the law.”

4. Petitioner being aggrieved has preferred the writ application and has placed the following documents in support of their argument, that the respondent no.1, herein is not a workman and that the finding of the Tribunal is erroneous and the award is thus liable to be set aside.

5. The documents relied upon are as follows:-

i) The cross-examination of the respondent no.1 on

06.12.2017, is as follows:-

“Further cross-examination of P.W.-1, Sri Rana Halder is resumed on 06.12.2017.

I was posted as Divisional Sales Manager at Kolkata. Under my working jurisdiction there were four Area Manager and 18-19 Medical Representatives. Area Manager has supervisory capacity. Area Manager generally used to get salary of Rs.23,000/- or Rs.24,000/- per month. I used to get salary of Rs.30,000/- per month. Regional Manager and Divisional Manager are same. I have accepted the terms and conditions of my appointment letter. I have accepted the terms and conditions as mentioned in clause 5 of my appointment letter. I have not resigned from the job. I was terminated without any reason. I have received termination letter. I have filed photocopy of the same before this Tribunal. I have not written in my petition that I have been forced to submit my resignation.

It is not a fact that I am not entitled to get any relief as prayed for. (Concluded)

Dictated & corrected by me Judge Seventh Industrial Tribunal Kolkata

06.12.2017”

ii) The letter of appointment at page 22, shows that the respondent no.1 has been appointed as the Divisional Sales Manager and also had to undergo a period of probation.

iii) Document at page 27 shows that respondent n