LAWS(CAL)-2011-5-140

SHALIMAR PAINTS LIMITED Vs. FIRST INDUSTRIAL TRIBUNAL

Decided On May 17, 2011
SHALIMAR PAINTS LIMITED Appellant
V/S
FIRST INDUSTRIAL TRIBUNAL Respondents

JUDGEMENT

(1.) The petitioner in this article 226 petition dated August 26, 2008 is questioning an award of the First Industrial Tribunal, West Bengal dated April 25, 2008 (at p. 484) in Case No. VIII-336/87 registered on the basis of an order of reference dated October 30, 1987 (at p. 36) made by the Government of West Bengal in exercise of power conferred by section 10 of the Industrial Disputes Act, 1947. Services of the second and third respondents (Sushil Kumar Ray and Jyotirmoy Polley) were terminated by the petitioner by two letters both dated June 2, 1986 (at pp. 31 & 33). Feeling aggrieved, the Union concerned raised an industrial dispute questioning validity of both the terminations. The dispute culminated in the order of reference.

(2.) The issues referred to the Tribunal were as follows:

(3.) The Tribunal held that services of Roy and Polley were terminated in contravention of the provisions of section 25F of the Industrial Disputes Act, 1947, and that they would be entitled to get back wages; but that since after termination Shalimar did not get their services, "it would be convenient for both the parties if 40% back wages was awarded." Accordingly, the Tribunal awarded 40% back wages to both Roy and Polley.