Government of West BengalLabour Department

I.R. BranchNew Secretariat Buildings(12th Floor),1, K.S. Roy Road, Kolkata-700 001

No. Labr./1203/(LC-IR)IR/11L-83/17

Dated, Kolkata, the 12thDecember, 2017

ORO E R

WHEREAS an industrial dispute existed between Mis. Life Pharmaceuticals (P)

Ltd., 3i2B, Orient Row, Kolkata-700017 and Shri Siddhartha Banerjee, 39, N. Bose

Road, Sashikuthir, Telmarui Para, Burdwan, PIN-713101 regarding the issues being a

matter specified in the 2nd Schedule of the Industrial Disputes Act, 1947 (14 of 1947)

AND WHEREAS the workman has filed an application directly under sub-section

2 of Section 2A of the Industrial Disputes Act, 1947 (14 of 1947) to the Judge, 7th

Industrial Tribunal specified for this purpose under this Department Notification No.

101-IR dated 02/02/2012

AND WHEREAS the sa~dJudge, 7thIndustrial Tribunal has submitted to the State

Government its Award on the said Dispute.

NOW, THEREFORE, in pursuance of the provisions of Section 17 of the

Industrial Disputes Act, 1947 (14 of 1947), the Governor is pleased hereby to publish

the said Award as shown in the Annexure hereto :

ANNEXURE(Attached herewith)

By Order of the Governor,

Assistant Secretaryto the Govt. of West Bengal

Contd ....PI2

2

No.Labr.l120l/1 (2)/(LC-IR) Dated, Kolkata, the 12th December, 2017

Copy forwarded for information to :

1. The Judge, 7th Industrial Tribunal with reference to his Memo. No.1897-LT dated 21/11/2017.

2. The Joint Labour Commissioner (Statistics), West Bengal,6, Church Lane, Kolkata-700001.

sd(r---Assistant Secretary

to the Govt. of West Bengal

No.Labr./1203/2(5)/(LC-IR) Dated, Kolkata, the 12thDecember, 2017

Copy, with a copy of the Award, forwarded for information and necessary actionto

1. Mis. Life Pharmaceuticals (P) Ltd , 3/2B, Orient Row, Kolkata-700017

2. Shri Siddhartha Banerjee, 39, N. Bose Road, Sashikuthir, Telmarui Para,Burdwan, PIN-7131 01.

3. The Assistant Labour Commissioner, W.B In-Charge of Labour Gazette;N.S. Buildings, 1, Kiran Shankar Roy Road, Kolkata-700001.

4. The Labour Commissioner, West Bengal, N.S. Buildings(11th Floor),1, Kiran Shankar Roy Road, Kolkata-700001.

/The O.S.D , I.T. Cell, Labour Department, with the request to cast the Awardin the Department's website. p~'

Assistant Secretaryto the Govt. of West Bengal

G)M)-Ind. Tri-

....

Before The Seventh Industrial Tribunal, West Bengal

Present: Shri Goutam Sengupta, Judge, Seventh Industrial Tribunal

CASE NO. 57/2015; u/s.2A(2)

Sri Siddhartha Banerjee, 39, N. Bose Road, Sashikuthir, Telmarui Para, Burdwan, PIN -

713101.

............ Applicant

-versus-

Mis. Life Pharmaceuticals (P) Ltd., 3/2B, Orient Row, Kolkata - 700017 .

............. .Opposite Party

A WAR D

Dated :08-11-2017

This is an application under Section 2A (2) of the Industrial Disputes Act, 1947 as

amended, filed by the workman Sri Siddhartha Banerjee, 39, N. Bose Road, Sashikuthir,

Telmarui Para, Burdwan PIN - 713101 against his employer Life Pharmaceuticals (P)

Ltd., 3/2B, Orient Row, Kolkata - 700 017 in connection with termination of service by

his employer and is also praying for reinstatement in service with full back wages and

consequential benefits.

The O.P. Company appeared and filed written statement in triplicate and they also

filed list of documents. Issues were framed and the case was fixed for hearing on merit.

The evidence was going on, but on 31-10-2017 the record was put up by a petition.

Hearing stems from the direction of the Hon'ble Court passed in W.P. No.24410(W) of

,,2017 wherein the Hon'ble Court directs this Tribunal for adjudication of the preliminary

issue within a period of four weeks positively from the date of communication of the

order. The preliminary issue under consideration is whether the workman had himself

tender his resignation or not?

In view of the direction hearing was taken up. Parties to the proceedings were

allowed to adduce their evidence. Workman got himself examined as P.W.-1 and

produced and proved some documents which are marked as exhibits Exts.-1 series.

Accordingly authorized person of the company got himself examined as OPW.-l and

proved documents which are marked as Exts.-A, B, C, D, E, F, G, H, I, J, K, Land M.

Thereafter, as per prayer of the Ld. Advocates of the parties date was fixed for argument.

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At the time of argument parties to the proceedings come to an agreement and settled the

dispute amicably and it was agreed by the parties that the employer company will not and

is not challenging the legality, validity, authenticity of the resignation letter submitted by

the workman and company will take him back to service and his service will be treated as

continuous service, but the period of absence from duty will be treated as dies non only

for the purpose of pay and remuneration, but other condition of service will be remained

same as earlier.

Ld. Advocate of the company in this context submitted that after joining in

service workman / petitioner's grievances regarding scale of pay and place of posting will

be sympathetically considered by the management of the company, but workman /

petitioner at first report himself for joining in the service and to resume his duties.

To that effect OPW.-I being recalled deposed before this Tribunal on oath and

stated that "The Board of Directors of our company has agreed to take back Sri

Siddhartha Chatterjee in his duties and we forego his resignation as well as the

termination letter and he will resume his duties within 20th November, 2017. The terms

and conditions of his salary will be remained intact and it will be increased in accordance

with our company's norms and rules."

During cross-examination he also stated that "The continuity of the service of the

applicant will be protected and the period of the absence of his service will not create any

hindrance to his carrier, but he will not entitle to receive any money during the period of

his absence."

Petitioner workman being agreed to the terms and conditions ready and willing to

join in his service and for that purpose he deposed that he will report himself within zo"November, 2017 at the company's office at Kolkata and being recalled he deposed before

the Tribunal and on oath stated that "I am willing to resume my duty in terms and

conditions as it was set out in my appointment letter."

In his cross-examination he has also stated that "I agree to join my service at the

place the company directs and my last drawn salary will be protected and I am entitled to

get all benefits and emoluments in accordance with rule."

This being the facts and circumstances I am of the opinion that the "resignation"

In question becomes non est and lost its importance because company ignoring the

resignation of the employee takes him back to the service treating his service as

continuous service. Only exception is that his (employee) period of absence will be---:~ ..-..~

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3,treated as dies non only for the purpose of pay, remuneration and allowance for that

period only.

In course of argument as the parties to the proceedings arrived at amicable

settlement and petitioner workman will resume his service. So, the petitioner by filing a

petition stated that he is not willing to proceed further with this proceedings and let an

award be passed in terms of settlement.

In view of the settlement done by the parties let a compromise Award be passed.

Accordingly, award is passed.

This is my Award.

Dictated& corrected by me,

~Seventh Industrial Tribunal

Kolkata08-11-2017

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