SUNIL KUMAR SAMANTA Vs. BISHNUPADA GHOSH AND ORS.

JUDGEMENT

(1.) THIS revisional application under Article 227 of the Constitution of India has been directed against the order dated 9th October, 2007 passed by the Learned Second Labour Court, Calcutta West Bengal in Computation Case No. 4 of 2001 to issue rule calling upon the opposite parties to show cause as to why the said order should not be set aside and all further proceedings following that order shall not be stayed.

(2.) FACT in brief of the matter is that on prayer of the Opposite Party No., Shri Bishnupada Ghosh, happened to be an employee of Kamala Cinema situated at Khardah Station Road within District 24th Parganas North, the Labour Court, due to non -appearance of the petitioner despite service of notice and lastly publication of notice in the newspaper "Aajkal" passed ex -parte order in Computation Case No. 4 of 2001 providing the arrear salary provident fund bonus etc. which were available as dues to the opposite party No. 1.

(3.) LEARNED Advocate for the petitioner Mr. Soumya Majumder submitted two folds arguments. Firstly, notice of the Computation Case was never served upon the petitioner. Secondly, the petitioner having transferred all his shares in the business and property of Kamala Cinema in favour of his brother by a registered Deed of Gift dated 1st April, 1999 and eventually on and from 01.04.1999 the petitioner having ceased to have any relation whatsoever with Kamala Cinema, Computation Case was not maintainable against him and so he is not liable to make any payment as computed by the Labour Commissioner.