DIBA RANI DAS Vs. KUMAR KANTI SINGHA

JUDGEMENT

(1.) Heard Mr. U Dutta, the learned counsel appearing on behalf of the appellant. Also heard Mr. S Bonik, learned counsel appearing on behalf of respondent Nos.1 and 2 and Mr. S Das, learned counsel appearing on behalf of respondent Nos.3, 4 and 5.

(2.) This appeal has been preferred by one Smti Dibarani Das wife of Late Sailendra Ch. Das, who was the worker under the respondents/plaintiff. On the death of the husband of the present appellant, the Labour Officer, Karimganj as per prayer of the present appellant filed certificate against the plaintiff/respondent in the court of Certificate Officer, Karimganj for Rs. 11,760/- plus 15 per cent compound interest w.e.f. 03.03.1995 on account of gratuity of Late Sailendra Ch. Das, husband of the present appellant. The present respondents denied their liability but the Certificate Officer, Karimganj instituted Bakijai Case No. 760/1995-96 and issued notice of liability to the respondent Nos. 1 and 2. The respondent Nos. 1 and 2 denied their liability but the Certificate Officer, Karimganj by order dated 21.03.2001 and 25.05.2001 passed in the said Bakijai Case No. 760/1995-96 determined the objection of the respondents against them. Thereafter, the Certificate Officer as per the procedure after determining the objection of the respondent Nos. 1 and 2 issued attachment notice of the cinema hall under the respondent Nos. 1 and 2 to realize the said amount of Rs.11,760/- along with the interest w.e.f. 03.03.1995. Finding no alternative, the present respondent Nos. 1 and 2 as the plaintiff preferred Title Suit No. 121/2001 in the Court of Civil Judge Junior Division No.1 Karimganj with a prayer as reproduced herein below:

(3.) Amongst the various reliefs, the plaintiff respondent prayed for cancellation of the certificate of Labour Officer, Karimganj and for permanent injunction restraining the defendants therein and the respondent Nos. 3 to 5 in the present appeal. In the said suit the present respondent Nos 3 to 5 were impleaded as the defendant Nos. 1 to 3 and the present appellant as the defendant No.4.