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1963 Supreme(SC) 161

K.N.WANCHOO, P.B.GAJENDRAGADKAR, K.C.DAS GUPTA
Ananda Bazar Patrika Private LTD. – Appellant
Versus
Their Eemployees – Respondent


Advocates:
A.V.VISHWANATHA SASTRI, D.P.Singh, K.B.MEHTA, M.K.RAMAMURTHY, N.C.CHATTERJI, R.K.GARG, S.C.AGRAWAL

Judgment

GANDERAGADKAR, J. - This appeal arises form an industrial dispute between the appellant, the Ananda Bazar Patrika (P) Ltd., and the respondents, its workmen. The appellant is a private limited company and carries on the business of printing and publishing newspapers, namely, Ananda Bazar Patrika which is Bengali Daily. Desh which is a Bengali Weekly, and Hindustan Standard which is an English daily newspaper. Mr. Pulakesh De Sarkar was appointed by the management of the appellant as journalist in March, 1940, and has been working with the appellant since then until he was discharged from service by the appellant on May 15, 1958. The union of the appellant s employees took up this discharge and raised an industrial dispute about it. It was urged by the Union that the discharge of Mr. Sarkar s services was illegal and that he was entitled to reinstatement and/or compensation. This dispute was referred by the Government of West Bengal for adjudication to the second Labour Court on September 25, 1958. By its award pronounced on December 8, 1959, the Labour Court has directed the appellant to reinstate Mr. Sarkar and pay him his emoluments for the period of his forced unem






















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