BENGAL IMMUNITY LIMITED Vs. MUKUL KUMAR KAR

JUDGEMENT

(1.) This writ petition is made by the petitioner company virtually for the purpose of restraining the respondents from proceeding with the criminal case being M624 pending before the respondent No. 3 and withdraw, recall and rescind the certificate and/or the criminal proceeding and order passed therein amongst other prayers which are virtually connected therein.

(2.) The petitioner contended that the company is now constituted under Bengal Immunity Company Limited (Acquisition and Transfer of Undertakings) Act, 1984. By reason of the same right, title and interest of the erstwhile company stood transferred to and vest in the Central Government with effect from 1/10/1984. The nationalisation Act provides appointment of Commissioner of; Payments for disbursing the claimed amounts against the erstwhile company. Such company is presently sick when an application being Case No. 538 of 1992 is registered with BIFR (Board for Industrial and Financial; Reconstruction). On September 13, 2002 a review hearing was fixed by such Board on rehabilitation of sanctioned in 1985.

(3.) According to the petitioner, the respondent No. 1 was initially appointed by the original company and he resigned from his service on 18/04/1976. Again he was reappointed by such company on August 21, 1979 as probationary Officer but as such the company was not satisfied with the service, he was terminated from his service on July 12, 1980 within the probationary period. The respondent No. 1 raised an industrial dispute and the Government ultimately by an order of reference dated 15/10/1981 referred the matter to the Industrial Tribunal. The Industrial Tribunal by delivering an award dated 28/08/1996 held that the termination of service of the respondent No. 1 is unjustified and the respondent No. 1 is deemed to be in continuous service till he is attaining the age of superannuation on 16/07/1995 and would be in continuous service till he is attaining the age of superannuation on July 16, 1995 and would be entitled to monetary benefits. The direction had been given to pay 35% of his back wages from the date of termination till the date of superannuation at the rate as if he was in employment.