Govind Gas Power Company ,and Ors. Vs the State of West Bengal and Anr. — Calcutta HC (2026) — LawSathi Research

Govind Gas Power Company ,and Ors. Vs the State of West Bengal and Anr. — Calcutta HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Condonation of 92 days' delay allowed (CAN 1 of 2026); M.A.T. 2274 of 2025 disposed of with directions that respondent no.2 receive back wages only from May, 2022 to November, 2022 together with all benefits normally payable upon reaching superannuation as on 30th November, 2022; no order as to costs.

Issue for consideration

Whether the delay of about 92 days in filing the appeal should be condoned under Section 5 of the Limitation Act, 1963. +2 more

Court's answer

The Court was satisfied with the grounds indicated in the condonation application as sufficiently explaining the delay of 92 days, and allowed CAN 1 of 2026.

Ratio / Principle

Considering the issues framed by the Tribunal and the findings arrived at, this Court had no reason to interfere with the impugned Award.

Key takeaways

The Court found that the entire procedure prescribed under the Industrial Disputes Act, 1947 and the Rules framed thereunder had been followed, the appellants were duly heard, and evidence of witnesses and documentary evidence were considered and duly analysed by the Tribunal.ratio¶20
The Court noted the Tribunal's finding that respondent no.2 was indeed a Workman who was wrongfully terminated by the appellants on 3rd May, 2022, forming the backdrop for non-interference.ratio¶21
Accepting that the Workman had attained superannuation at 58 years, the Court confined his back-wage entitlement to the period May, 2022 to November, 2022.

Detailed headnote1 paragraphs

Calcutta High Court, Division Bench (Rajasekhar Mantha and Rai Chattopadhyay, JJ.), M.A.T. 2274 of 2025 with CAN 1 and CAN 2 of 2026, decided 15.07.2026 — Appeal by the employer (Govind Gas Power Company & Ors.) against the judgment dated 21st August, 2025 of a learned Single Judge in W.P.A. 8239 of 2025, which had refused to interfere with the Award dated 30th January, 2025 of the learned 9th Industrial Tribunal, Paschim Bardhaman at Durgapur in Case No. 5/23 under Section 2A(2) of the Industrial Disputes Act, 1947. Delay of about 92 days in filing the appeal was condoned under Section 5 of the Limitation Act, 1963. The Bench held that the entire procedure under the Act of 1947 and the Rules framed thereunder had been followed, the appellants were duly heard and the evidence was considered and analysed, noted the Tribunal's finding that respondent no.2 was a Workman wrongfully terminated on 3rd May, 2022, and found no reason to interfere with the impugned Award. However, finding substance in the appellants' plea that the Workman had reached superannuation at 58 years, the Bench confined back wages to May, 2022 to November, 2022 and directed payment of all benefits normally payable on superannuation as on 30th November, 2022. Appeal stood disposed of; no order as to costs.

15.07.2026. Item No. 32. Court No. 13 ap

M.A.T. 2274 of 2025 With I.A. No. CAN/1/2026 And

I.A. No. CAN/2/2026

Govind Gas Power Company & Ors. Versus The State of West Bengal & Anr.

Mr. B. R. Bhattacharya, ld. Sr. Advocate, Mr. Balai Chandra Paul, Ms. Tithi Roy.

…For the appellants.

Mr. Debapriya Gupta, ld. AGP, Mr. Barun Ghosh, Mr. Biswanath Banerjee.

…For the State.

Mr. Kali Kinkar Dey.

…For the respondent no.2.

Re: CAN 1 of 2026 (Condonation of delay)

This is an application filed under Section 5 of the Limitation Act, 1963 for condonation of delay of about 92 days in filing the instant appeal.

Having heard the learned Advocate appearing on behalf of the appellants as also considering the statements made in the said application, this Court is satisfied with the grounds indicated therein, as sufficiently explaining delay of 92 days in preferring the appeal.

In view of the above, the application for condonation of delay being CAN 1 of 2026 is allowed and disposed of.

There will be no order as to costs.

2

Re: MAT 2274 of 2025 in CAN 2 of 2026

The subject appeal is directed against the judgment and order dated 21^st August, 2025 passed by a learned Single Judge of this Court in W.P.A. 8239 of 2025. By the impugned judgment, the learned Single Judge refused to interfere with an Award dated 30^th January, 2025 passed by the learned 9^th Industrial Tribunal, Paschim Bardhaman at Durgapur in Case No. 5/23 under Section 2A(2) of the Industrial Disputes Act. 1947.

This Court has carefully considered the judgment of the learned Single Judge as also the Award dated 30^th January, 2025.

This Court notes that the entire procedure prescribed under the Act of 1947 and the Rules framed thereunder have been followed. The appellants were duly heard and evidence of witnesses and documentary evidence were considered by the Tribunal and duly analyzed.

The Tribunal appears to have arrived at a finding that the respondent no.2 was indeed a Workman, who was wrongfully terminated by the appellants on 3^rd May, 2022.

In the backdrop of the above and considering the issues framed by the Tribunal and the findings arrived at, this Court has no reason to interfere with the impugned Award.

3

There is, however, some substance in the arguments advanced by the learned Advocate for the appellants that the Workman had reached the age of superannuation upon attaining the age of 58 years. The respondent Workman shall only be entitled to back wages from May, 2022 to November, 2022.

In addition to the above, the Workman shall be entitled to all the benefits normally payable to a Workman upon reaching the age of superannuation as on 30^th November, 2022.

With the aforesaid directions, M.A.T. 2274 of 2025 shall stand disposed of.

In view of disposal of the appeal itself, the connected application being CAN 2 of 2026 shall also stand disposed of.

There will be no order as to costs.

All parties are directed to act on a server copy of this order duly downloaded from the official website of this Court.

( Rajasekhar Mantha, J. )

( Rai Chattopadhyay, J. )