UNITED PAINT INDUSTRIES Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This intra-Court appeal is directed against the order passed by the learned Single Bench dtd. 21/4/2017 in C.A.N. 8934 of 2016 in WP No.13760(W) of 2016. The said application was filed by the respondent/workman under sec. 17B of the Industrial Disputes Act, 1947 (for short the Act ). The learned Single Bench had allowed the application. Aggrieved by that, the management has filed the present appeal.

(2.) We have heard Mr. Abhishek Banerjee, learned advocate for the appellant. The short issue, which falls for consideration is whether the respondent/workman was gainfully employed after the order of termination from service was passed by the management.

(3.) The appellant/management have taken a specific plea in their affidavit-in-opposition filed in the application under sec. 17B of the Act stating that the respondent/workman is gainfully employed as he has a family business, which stands in his name and he is earning sufficient income, which is more than the last drawn wage drawn by the workman, when he was in employment.