DILIP KUMAR MUKHERJEE Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) W .P. No. 18341 (W) of 2005 was taken out by the deceased workman for enforcing an order of the Third Industrial Tribunal, West Bengal dated May 20th, 2005: In the course of hearing thereof, W.P. No. 2315 of 2005 filed on the original side of this Court by the employer, partly questioning that order of the tribunal, has been assigned to me. Hence I have heard both the writ petitions together, and they are being disposed of by this common judgment.

(2.) SINCE the writ petition itself is being finally disposed of no separate order in CAN No. 5252 of 2007 is necessary, and hence it shall be deemed to be disposed of. The application for substitution taken out by the petitioners in W.P. No. 2315 of 2005. It is submitted that it is in form and within time, is hereby allowed and the department concerned of this Court is directed to amend the cause papers within a fortnight from the date records of the case are sent down from the Court.

(3.) THE workman took out his writ petition for a mandamus directing his employer to reinstate him with full back wages. He contended that once the Section 33(2)(b) supplication was withdrawn by his employer, he was to be deemed to be in continuous service, since the termination order dated April 11th, 2000 was to be treated as void and inoperative. His employer took out its writ petition feeling aggrieved by the order of the tribunal directing it to pay compensation at the rate of last drawn salary from April 11th, 2000 to May 20th, 2005.