GLENMARK PHARMACEUTICALS LIMITED Vs. STATE OF TRIPURA

JUDGEMENT

(1.) Heard Mr. Somik Deb, learned Sr. Counsel and Mr. T.D. Majumder, learned Sr. Counsel assisted by Mr. Raju Datta, learned counsel and Ms. S. Chism, learned counsel appearing for the petitioner as well as Mr. P. Roy Barman, learned Sr. Counsel assisted by Mr. S. Bhattacharjee, learned counsel appearing for the private-respondents and Mr. P. Saha, learned counsel appearing for the State-respondents.

(2.) This bunch of writ petitions has been taken up and heard together because common questions of law and facts are involved.

(3.) At the very outset, Mr. Somik Deb, learned Sr. Counsel has raised the question of maintainability of the proceedings initiated by the respondents before the learned Labour Court. Learned Sr. Counsel has submitted that the Labour Court had no jurisdiction to proceed under Section 2-A(2) of the Industrial Disputes Act since the said provision had been repealed by the Gazette Notification dated 9th May, 2016 whereby, the Industrial Dispute Act, 1947 had been amended and Section 2-A(2) had been expressly repealed. Due to such repeal of the provision, the findings and awards passed by the Labour Court cannot have any force in the eye of the law.