GANESH CHANDRA GUHA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The present writ application has been filed challenging the order dtd. 23/3/2022 passed by the 1st Labour Court in Case No. 18 of 2017. The petitioner's case proceeded on the premise that he had joined the service of the respondent no.2 in the year 1971 as a stenographer and had retired from service on and from 17/6/1997. The petitioner claims that the respondent no.2 had introduced a pension scheme for its employees including the petitioner. In the petitioner's case despite request since no pension was released, the petitioner filed an application under Ses. 33(C)(2) of the Industrial Disputes Act, 1947(hereinafter referred to as the said Act), inter alia, praying therein for release of arrears of his pension as per details provided in the said application. The said case was registered as computation case no. 43 of 2001. On contested hearing the learned 1st Labour Court was, inter alia, pleased to dispose the said application by an order dtd. 28/2/2011, inter alia, holding that the petitioner is entitled to a sum of Rs.5,56,994.00 from the respondent no.2. Challenging the aforesaid order, a writ application was filed before this Hon'ble Court which was registered as WP No. 8266(W) of 2011. By judgment and order dtd. 17/1/2017 this Hon'ble Court was, inter alia, pleased to uphold the order dtd. 28/2/2011 passed by the learned Labour Court. The respondent no.2 has since complied with the aforesaid order and has made payment of the arrears of pension as determined in computation case no. 43 of 2001, pertaining to the period from 1/9/1990 to 1/9/2000.

(2.) Since the entitlement to receive the pensionary benefit had already been determined by the Labour Court in computation case no. 43 of 2001 and despite the same, the respondent no.2 having failed to pay the pensionary benefit, for the period 2/9/2000 and onwards, the petitioner filed another application for recovery of his dues under Ses. 33 (C)(2) of the said Act, which was registered as computation case no. 18 of 2017.

(3.) It is in connection with the aforesaid case that the petitioner had filed his examination-in-chief on affidavit on 5/7/2018 and was partly cross-examined on 20/8/2018. Cross-examination, however, could not be completed on that date as the respondent no.2 sought for an adjournment, which was allowed and the next date of hearing was fixed on 9/10/2018. Since the hearing was adjourned on 9/10/2018 the matter was posted for further cross-examination on 4/12/2018.