1 04.10.2018 Item no. 09 ddas WP 33626 (W) of 2013 CAN 8907 of 2016 CAN 8905 of 2016 M/s. Electro Medical & Allied Industries Ltd.
The State of West Bengal & Ors.
Mr. Amitava Chaudhuri Mrs. M. Chaudhuri Mr. N. Roy For applicant/petitioner Mr. Chittapriya Ghosh Mr. Ujjal Kumar Sarkar Ms. Priyanka Saha For private respondent Employer has challenged award dated 6th June, 2013 passed by first Industrial Tribunal, Kolkata. By the award employer was directed to reinstate both workmen in their original post as canteen boy within one month from date of publication of the award.
Mr. Chaudhuri, learned advocate appears on behalf of petitioner/employer and submits, persons claiming themselves to be canteen boys had moved this Court by WP 10006 (W) of 2000 (Samar Bose & Ors. vs. Electro Medical & Allied Industries Limited). By order dated 26th July, 2002 writ petition was found to succeed. Petitioners were directed to be regularised in service.
2Employer carried said order in appeal. By order dated 10th November, 2006 appeal was allowed and order of writ Court set aside, as not sustainable in law. Writ petitioners preferred petition for Special Leave to Appeal, which came to be dismissed by Supreme Court on 10th March, 2008. Order made by Supreme Court is reproduced below :-
The special leave petition is dismissed as the petition involves large number of disputed facts which require adjudication. However, this order will not come in the way of the workmen raising a dispute under Industrial Disputes Act, if so advised.
Mr. Chaudhuri submits, CAN 8905 of 2016 is application for recalling order dated 30th September, 2015 dismissing this writ petition and for restoration of the same and CAN 8907 of 2016 is application for condonation of delay.
Mr. Ghosh, learned advocate appears on behalf of workmen and submits, there is delay of one year in making this application.
In view of litigation already taken place as recorded above and employers challenge to award in this writ petition not heard, this Court is inclined to accept causes shown for petitioner not being represented at time of call when writ petition was dismissed.
3CAN 8905 of 2016 and CAN 8907 of 2016 are allowed.
Writ petition restored to file and number.
List writ petition on 26th November, 2018.
(Arindam Sinha, J.)