Government of West BengalLabour Department

I.R. BranchN.S.Bldgs., 12th Floor

1, K.S.Roy Road, Kol - 1

No. Labr.lS7S/(LC-IR)Ei1/6P-05/16

Dated, Kolkata, 29.0S.17.

ORDER

WHEREAS an Industrial Dispute existed between Mis. Zuventus HealthcareLtd., Zuventus Gromax Division, Kolkata, Headquarter BD-8, Salt Lake City, Sector-1, Kolkata-700 064 and their workman Sri Ashes Ranjan Ghosal, 3, Panchanan TalaRoad, Beliaghata, Kolkata-700 056 regarding the issues being a matter of theIndustrial Disputes Act, 1947 (14 of 1947);

AND WHEREAS the workman has filed an application directly under sub­section 2 of Section 2A of the Industrial Dispute Act,1947(14 of 1947) to the Judge,Seventh Industrial Tribunal Specified for this purpose under this DepartmentNotification No.101-IR dtd.2.2.12;

AND WHEREAS the said Judge, Seventh Industrial Tribunal has submitted tothe State Government its Award on the said Dispute.

NOW THEREFORE, in pursuance of the provisions of Section 17 of theIndustrial Disputes Act, 1947(14 of 1947), the Governor is pleased hereby to publishthe said Award as shown in the Annexure hereto.

ANNEX URE(Attached herewith)

By Order of the Governor

!jd/~Assistant Secretary to theGovernment of West Bengal.

........... 2.II 2 II

No.Labr.r 878/1 (2)/(LC-IR) Dated,29.08.17.,

Copy forwarded for information to :-

1. The Judge, Seventh Industrial Tribunal with reference to his Memo No.1158-

LJ. dtd.07.08.17.

2. The Joint Labour Commissioner(Statics), W.B., 6, Church Lane, Kol-1.

Assistant Secretary

. No.Labr.l878112(5)/(LC-IR) Dated,29.08.17.

Copy with a copy of the award is forwarded for information & necessary actionto

1. MIs. Zuventus Healthcare Limited, Zuventus Gromax Division, Kolkata,Headquarter BD-8, Salt Lake City, Sector-1, Kolkata-700 064.

2. Sri Ashes Ranjan Ghosal, 3, Panchanan Tala Road, Beliaqhata, .l<ol-Sb.

3. The Asstt.e Labour Commissioner, West Bengal, In-Charge of Labour Gazette.

4. The Labour Commissioner, W.B., N.S.Bldgs.(11th floor), 1, K.S.Roy Road, Kolkata-1.

J The O.S.D., IT Cell, Labour Department, with the request to cast theAward in the Department's website.

Assistant Secretary

Jnt/order

I

Before The Seventh Industrial Tribunal, West Bengal

Present: Shri Goutam Sengupta, Judge, Seventh Industrial Tribunal.

Case No.43 of2015,u/s. 2A(2)

Shri Ashes Ranjan Ghosal, 3, Panchanan Tala Road, Beliaghata, Kolkata -

700056.

. Applicant

-vS-

Mis. Zuventus Healthcare Limited, Zuventus Gromax Division, Kolkata.

Headquarter BD-8, Salt Lake City, Sector - 1. Kolkata - 700064 .

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

AWARD

Dated: 27-07-2017.

Upon receiving an application U/s. 2A(2) of the Industrial Disputes Act, 1947, as

amended, from the workman Shri Ashes Ranjan Ghosal. 3. Panchanan Tala Road.

Beliaghata, Kolkata - 700056 against his employer Mis. Zuventus Healthcare Limited.

Zuventus Gromax Division, Kolkata, Headquarter BD-8, Salt Lake City, Sector - I.

Kolkata -, 700064 notices were served to the O.P. Company along with copy of, 'i • ~

application for filing written statement in triplicate.

Record reveals that the present reference bearing Case No. 43/2A(2)/20 15 dated

08.07.2015 under Sec. 2A(2) of the Industrial Disputes Act, 1947 for adjudication has

been registered on 08.07.2015 vide Order No.01 and notice upon the O.P. Company was

duly served. The company filed written statement along with documents on 22.02.2U 16.

On 16.03.2016 company filed list of documents. On 20.04.2016 the workman also filed

list of documents and the date was fixed for framing of issues. The parties han? :11:-;()

filed suggestive issues and subsequently issues were framed. So. the case was fixed for

hearing on merit and the applicant was directed to file affidavit-in-chief. But, after

several adjournments no step was taken by the applicant. Accordingly on 15.03 .20 17 a

notice was issued upon the workman directing him to show cause as to why a 'No

2

Dispute Award' shall not be passed against him. In spite of issuance of the notice in

favour of the workman neither any step was taken on behalf of the applicant filing show­

cause nor any prayer comes for filing show-cause. The applicant simply flouted the order

of this Tribunal. Considering all these Ihave no other option but to reject the petition.

At this stage, the applicant workman is not present in spite 01' repeated calls !L lc<

now 1:0() p.m. None also appears on behalfofthe company.

Hence, due to prolonged non-appearance of this workman [ am persuaded to

safely presume that he is no more interested to proceed with this proceeding. So. the

case is dismissed for non-prosecution.

\Accordingly 'No Dispute Award' under Rule 22 of West Bengal Industrial

Disputes Rules, 1958 is passed.

This is my AWARD.

Dictated & corrected by me,

. , .