HUMAYAN PROPERTIES LTD Vs. BANWARI LALL

JUDGEMENT

(1.) THIS application is at the instance of the opposite party no.2 and is directed against the Order No.20 dated December 16, 2011 passed by the learned First Labour Court, Calcutta in Computation Case No.35 of 2009 thereby rejecting the prayer of the opposite party no.2/petitioner herein.

(2.) THE applicant/opposite party no.1 was a permanent employee of M/s. Warner Brothers FE-INC from February, 1966. Ultimately, the Managing Director of the said company was appointed as Alternate Director of M/s. Suvarna Film Enterprises Pvt. Ltd. and the petitioner was entrusted as their Kolkata Representative w.e.f. April 1985 along with his whole time service in Warner Brothers. Ultimately, M/s. Suvarna Film Enterprises Pvt. Ltd. handed over the possession, management and control of the New Empire Cinema to M/s. Humayan Properties Ltd. by the settlement dated March 28, 1989. THE petitioner was dismissed from service.

(3.) THE Labour Court has observed in the impugned order that M/s. Suvarna Film Enterprises Pvt. Ltd. handed over the possession, management and control of the New Empire Cinema to M/s. Humayan Properties Ltd. by a term of settlement dated March 28, 1989. Under the circumstances, the Labour Court was of the prima facie view that as per materials on record, M/s. Humayan Properties Ltd. had taken over the possession, management and control of the New Empire Cinema wherein the applicant was an employee. THE learned Labour Court has also observed that it will be too early to decide the liabilities of the two opposite parties regarding implementation of the award.