SAMSER ALI Vs. KESORAM INDUSTRIES AND MILLS LTD

JUDGEMENT

(1.) BY order No. 22, dated 21st september 1981, the learned Third Industrial tribunal, West Bengal, rejected the application under S. 33 (2) (b) of the Industrial disputes Act, 1947 (hereinafter referred to as the said Act), as filed in Case No. 26 of 1980, and thus the prayer of Kesoram Industries and cotton Mills, Ltd. (hereinafter referred to as the said company), for approval of an action in dismissing S. K. Samser Ali (hereinafter referred to as the said employee petitioner) was rejected.

(2.) AGAINST such determinations, this Court was moved in Civil Rule No. 439 (W) of 1982 and by an order, dated 6th May 1985, Sri S. C. Sen. J. , was pleased to discharge the said Rule, on consideration of the relevant submissions as were made before him.

(3.) AGAINST such determinations the appeal in which the present application has been filed was presented on 16th August 1985 and in that appeal the said company filed an application, dated 9th January 1986 and by an order, dated 6th April 1987, a sum of Rs. 37,611 as agreed to be available to the said employee-petitioner by the said company, was directed to be deposited. The amount as mentioned hereinbefore was calculated on the basis of the statements as made by the learned advocate appearing for the said company. Admittedly, such amount has been deposited.