LAWS(CAL)-2022-9-170

UPENDRA CHOUDHURY Vs. J. K. INDUSTRIES LTD.

Decided On September 30, 2022
Upendra Choudhury Appellant
V/S
J. K. INDUSTRIES LTD. Respondents

JUDGEMENT

(1.) The appellant before us was a workman before the Industrial Tribunal and respondent no-1 in Writ Application 870 of 2003. This appeal is directed against the Order dtd. 6/8/2015 passed in the said Writ Application.

(2.) The writ petitioner/company contested the case by filing written statement of defence. The written statement of defence may be summed up thus:

(3.) Learned Tribunal upon considering the evidence adduced by both the Appellant/Workman, and Respondent/ Company was pleased to pass an award holding that the appellant/workman was an employee of the respondent/company and re-instatement of the appellant with back wages and consequential benefits. The respondent/company being aggrieved by the award passed by the Learned 4th Industrial Tribunal Calcutta moved a Writ Application being W.P. No. 878 of 2003. By order dated on 6/8/2015, Learned Trial Judge was pleased to pass an order allowing the Writ Application by setting aside the order passed by Learned 4th Industrial Tribunal Calcutta.