Dismissed¶14

M/S. Kesoram Rayon v. State of West Bengal & Ors.

Calcutta HC20 Jan 2025WPA/6231/2009

Case brief

AI extract

What is this about?

M/s. Kesoram Rayon v. State of West Bengal — WPA 6231 of 2009 — writ petition seeking withdrawal of order dated 03.02.2009 referring termination of Nand Kishore Pashi (w.e.f. 03-10-2006) to 1st Industrial Tribunal, Kolkata — dismissed for default, no appearance by either side — no illegality found in reference order — interim order vacated — copy sent to Industrial Tribunal, Labour Commissioner and Secretary, Labour Department — Shampa Dutt (Paul), J. — 20.01.2025.

What did the court decide?

As none appeared on behalf of either sides on repeated calls, the writ petition was dismissed for default. ¶14

M/S. Kesoram Rayon Vs State of West Bengal & Ors. — Calcutta HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Dismissed

¶14

Issue for consideration

Whether the order dated 03.02.2009 directing the 1st Industrial Tribunal to decide the termination-reference issues relating to Shri Nand Kishore Pashi is illegal and ought to be withdrawn.

¶5

Court's answer

On perusal of the order dated 03.02.2009, the Court found no illegality in it, noting that the matter had been pending since long though the employee therein had been terminated.

¶11

Ratio / Principle

As none appeared on behalf of either sides on repeated calls, the writ petition was dismissed for default.

¶14

Key takeaways

Interim order, if any, stands vacated.ratio¶19
A copy of the order was directed to be sent to the learned 1st Industrial Tribunal, Kolkata, to decide on the said issues as framed vide order dated 03.02.2009 by the Deputy Secretary to the Government of West Bengal, with notice to both parties; copies also to the Labour Commissioner and the Secretary, Labour Department.ratio¶21

Detailed headnote1 paragraphs

WPA 6231 of 2009 (petition of the year 2009): M/s. Kesoram Rayon v. The State of West Bengal & Ors. — writ petition praying for direction upon the respondents to withdraw the order dated 03.02.2009, by which the 1st Industrial Tribunal was to decide (1) whether termination of service of Shri Nand Kishore Pashi with effect from 03-10-2006 was justified and (2) to what relief, if any, he was entitled, the issues having been framed vide order dated 03.02.2009 by the Deputy Secretary to the Government of West Bengal. Decided 20.01.2025 by Shampa Dutt (Paul), J.: none appeared for either side on repeated calls; the Court found no illegality in the said order, noting the matter had been pending since long though the employee had been terminated; the writ petition was dismissed for default and WPA 6231 of 2009 disposed of, with no order as to costs; all connected applications, if any, stand disposed of and any interim order stands vacated. A copy of the order was directed to be sent to the learned 1st Industrial Tribunal, Kolkata, to decide the said issues as framed, with notice to both parties, and copies to the Labour Commissioner and the Secretary, Labour Department.

M/S. Kesoram Rayon v. State of West Bengal & Ors.

Case brief

What is this about?

What did the court decide?

M/S. Kesoram Rayon v. State of West Bengal & Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

Issues for consideration

Procedural history

Parties & counsel

Coram

Case details

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