Government of West Bengal Labour Department

I.R. Branch N.S. Buildings, 12th Floor, Kol-1

No.Labr./196(LC-IR) IR/lll-55/2017

Date : 20.03.2018

ORDER WHEREAS under the Government of West Bengal, Labour Department Order No. 822-IR,

dated 10.08.2017 the Industrial Dispute between M/s. Quaker chemicals lndia(P) Ltd., 7B, Pretoria Street, Alam House, znd Floor, Kolkata- 700071 and Sri Gopal Bhattacharyya, 12, Joyram Nyay Bhusan Lane, P.O.- Bhatpara, Dist- North 24 Pgs., P.S.- Jagatdal, Pin-743123, regarding the issue mentioned in the said order, being a matter specified in the Second Schedule to the Industrial Dispute Act, 1947(14 of 1947), was referred for adjudication to the Judge, Seventh lndustrial Tribunal, West Bengal.

AND WHEREAS, the Judge of the said Seventh Industrial Tribunal, West Bengal, has submitted to the State Government its award on the said Industrial Dispute;

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

Deputy Secretary to the Government of West Bengal.

No. Labr./196/1(5 )/(LC-IR) Date : 20.03.2018 Copy with a copy of the Award forwarded for information & necessary action to :-

1

1. M/s. Quaker chemicals lndia(P) Ltd., 78, Pretoria Street, Alam House, 2nd Floor, Kolkata- 700071 2. Sri Gopal Bhattacharyya, 12, Joyram Nyay Bhusan Lane, P.O.- Bhatpara, Dist- North 24 Pgs.,

P.S.- Jagatdal, Pin-743123 3. The Assistant Labour Commissioner, West Bengal in-Charge, Labour Gazette. 4. The Labour Commissioner, W.B. New Secretariat Buildings, (111h Floor),1, K.S. Roy Road, Kol-1. ~ The O.S.D., IT Cell, Labour Department, with the request to cast the Award in the Deptt.'s website.

Deputy Secretary to the Government of West Bengal

1. rded for information to :-

eventh Industrial Tribunal, West Bengal with reference to his Memo ated 11.01.2018.

our Commissioner (Statistics), West Bengal, 6, Church Lane, Kol - 1.

Date : 20.03.2018

2.

Deputy Secretary to the Government of West Bengal

Sabita/lR/20032018

...

In the matter of an Industrial Dispute between Mis. Quaker Chemicals India (P) Ltd., 7B,

Pretoria Street, Alam House, 2nd Floor, Kolkata - 700071 and its workman Sri Gopal

Bhattacharyya, 12, Joyram Nyay Bhusan Lane, P.0.-Bhatpara, Dist. North 24-Parganas,

P.S.- Jagatdal, PIN - 743123, referred to this Tribunal vide G.O. No. Labr./822./(LC­

IR)IIR/l IL-55/17, dated 10-08-2017.

(Case No.VIII-1812017)

Before The Judge, Seventh Industrial Tribunal, Kolkata.

Present

Shri Goutam Sengupta, Judge,

Seventh Industrial Tribunal,

Kolkata.

AWARD

Dated : 09-01-2018

This industrial dispute between Mis. Quaker Chemicals India (P) Ltd., 7B,

Pretoria Street, Alam House, 2nd Floor, Kolkata - 700071 and its workman Sri Gopal

Bhattacharyya, 12, Joyram Nyay Bhusan Lane, P.0.-Bhatpara, Dist. North 24-Parganas,

P.S.- Jagatdal, PIN - 743123 has been referred by the Govt. of West Bengal, Labour

Department, vide Order No. Labr./822./(LC-IR)IIR/llL-55117, dated 10-08-2017 to this

Tribunal for adjudication of the following issues:-

I S SUES

1. Whether the termination of service of Sri Gopal Bhattacbaryya from

Quaker Chemical India Private Limited with effect from 22.12._01 - is justified?

2. If not, what relief, he is entitled to?

Upon receipt of the reference, necessary notices were served upon the parties.

Both parties adduced oral and documentary evidence but fortunately during pendency of

the dispute before this Tribunal the parties entered into a compromise. Accordingly, they

have filed a joint petition along with a Memorandum of Settlement with a prayer for

passing an A ward in terms of the settlement. The concerned workman Sri Gopal

Bhattacharyya and one Sri Jayanta Kumar Mukherjee of Mis. Quaker Chemicals India

2 (VIII-18/2017) J

(P) Ltd. deposed as P.W.1 and O.P.W. l respectively in support of their petition of

compromise and terms of settlement.

Heard the Ld. Counsels for both sides. Perused the petition of compromise

including the Memorandum of Settlement as well as evidence adduced by the parties.

In other words, Sri Gopal Bhattacharyya has settled the dispute at the intervention

of their well-wisher. The workman Sri Gopal Bhattacharyya has received a cheque being

No.017336 dated 08.01.2018 of Rs.12,29,625/-(Rupees twelve lakh twenty nine thousand

six hundred & twenty five) only drawn on ICICI Bank, R.N. Mukherjee Road Branch,

Kolkata. As the terms and conditions as embodied in the Memorandum of Settlement are

valid, legal and sufficient the same are accepted. I find nothing to stand in the way of the

prayer of both sides regarding passing of Award in terms of Memorandum of Settlement.

Let the instant reference be disposed of in terms of Memorandum of Settlement in

between the parties filed this day which do form part of the A ward.

This is my Award.

Dictated & corrected by me.

(Goutam Se gupta) Ju ge

Seventh In· ustrial Tribunal Kolkata

09-01-2018 .JtMige

,evenf,t Industrial Tribun r

...

MEMORANDUM OF SETILEMENT

1) . Name & Address · of the Parties

: M/s. Quaker Chemical India (P) Ltd. previously at 78, Pretoria Street

Alom House.z= Floor, Kolkata 700071 Now at Unit No.11/3, Acropolis 1858/1, Rajdanga Main Road Kolkata 700107

..................... OP/Company And

Their ex-employee Sri Gopal Bhattacharyya 12, JoyramNyayBhusan Lane

P.O. Bhatpara, Dist. North 24 Pgs Pin 743 123

............ ApplicanVWorkman

2) Representing the Employer

: Mr. Jayanta Kumar Mukherjee Authorised Signatory

3) Representing the Employee

Sri Gopal Bhattacharyya Ex-employee concerned

4) Short Recital of the dispute

Sri Gopal Bhattacharyya, the applicant concerned joined the Opposite Party/Company as

Accounts Assistant on contractual basis on 01/12/2007 and subsequently appointed as Senior

Executive Accounts with effect from 01/04/2010 and worked there continuously till his service was terminated by letter dt.22/12/2015.

Sri Bhattacharyya raised an industrial dispute over his illegal termination of service before the

Conciliation Officer, Govt. of W.est Bengal which ultimately culminated into an Order of Reference

under G.O. No.Labr.j822/(LC-IR)11L-55/2017 dt. 10/08/2017.and was sent to Ld. 7th Industrial

Tribunal, West Bengal for adjudication of the issues mentioned therein(Case No.Vlll-18/2017).

That during the pendency of the case, the parties to the dispute started bi-partite negotiation for

an amicable settlement of the dispute/case out of the court and after protracted negotiation, it

is hereby agreed between the parties that all the proceedings pendjng before the Ld. 7th Industrial

Tribunal arising out Case No. Vlll-18/2017 be disposed of on the following terms and conditions QUAKER CHEMICAL INDIA PVT. LIMITED .

._ ' ' ~

( 2 )

5. Terms and-Conditions:

It is agreed by and between the parties

a) that Sri Gopal Bhattacharyya, the ex-employee concerned hereby confirms and accepts his

severance of service from the OP/Company vide letter dt.22/12/2015.

b) that the OP/Company shall pay a lurnpsum of Rs.15,00,000/-(Rupees Fifteen Lath) only,

subject to deduction of TDS as per rules as compensation, vide Cheque No. 017336 drawn on

ICICI Bank Limited, R.N.Mukherjee Road Branch, dt. 08-January 2018 to Sri Gopal Bhattacharyya

and the same will be handed over to Sri Gopal Bhattacharyya in presence of the Advocates on record of both the parties.

c) that Sri Gopal Bhattacharyya shall accept the aforesaid amount of Rs.15,00,000/-(Rupees

Fifteen Lath) only towards all his claims and dues arising out termination of service and shall not

have any claim of any nature, whatsoever, in any nature including future claim for service against the OP/Company.

d) that the aforesaid payment shall also cover all statutory dues if at all, payable by the

OP/Company for its past, current and future dues and shall stand automatically settled and if at

any future point of time, it is found that any amount is legally payable by the OP/Firm to the ex­

employee by reason of any statutory obligation or otherwise, the payment above referred to shall be deemed to have been made in full discharge of such liability.

e) that Sri Gopal Bhattacharyya, the applicant concerned will handover receipt of the money

received by him duly countersigned by the Advocates on record of the parties, as

acknowledgement of the fact that the ex-employee concerned have no claim in any manner

against the OP/Company or its Director on any account including future claim for service.

f) that the parties shall submit joint application in the pending case informing the Ld. Tribunal that the applicant

QUAKER CHEMICAL INDIA PVT. LIMITED

. .

• • •

( 3 )

concerned have settled the case and that he have no further claim towards the OP/Company and

shall pray for passing of an award on the basis of the instant settlement.

g) that Sri Gopal Bhattacharyya, the ex-employee concerned hereby absolutely disclaim and

relinquish all claims or demands or cause of action in respect of the Industrial Disputes Act, 194 7

or otherwise and accept the same unequivocally.

h) that the case as mentioned in the recital is hereby settled in between the parties fully and finally.

SIGNED THIS gm DAY OF JANUARY, 2018

For the OP/Company

Jayanta Kumar Mukherjee QUAKER CHEMICAL INDIA Pvt LIMITED Head-HR . '

~~-~

For the Ex-employee

Gopal Bhattacharyya

·/

'f

RECEIPT

Received with thanks the sum of Rs.15,00,000/-(Rupees Fifteen Lakhs) only, subject to

deduction of TDS, as compensation from M/s. Quaker Chemical India (P) Ltd. previously at7B,

Pretoria Street, Alom House, 2nd Floor, Koll~ata 700071, Now at Unit No.11/3, Acropolis,

1858/1, Rajdanga Main Road, Kolkata 700 107, vide Ajc payee Cheque No.017336 drawn on

ICICI Bank Ltd., R.N. Mukherjee Road Branch, cJt.08.01.2018 being the full discharge of all

claims and demands against the above mentioned company in full and final satisfaction and

knowledge and without any coercion or duress from any person and in terms of Memorandum

of Settlement dt.09.01.2018 and I shall have no further claim in any manner whatsoever

against the company, including future claim for service .

( Gopal Bhattacharyya ) 09.01.2018

01c1c1Bank AJC Pnyeo Only VALID FOR THREE MONTHS ONLY

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Or Order

22, RN. Mukerjee Road,Kolkata • 700 001 RTGS / NEFT IFSC Code : ICIC0000006. ,

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For QUAKER CHEMICAL INDIA PRIVATE LIMITED

.CBS . ·Payable at par at all branches of ICICI Bank Limited In India.

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