Government of West BengalLabour Department

I.R. BranchN.S. Buildings, 12thFloor, Kol-1

No.Labr./75/(LC-IR)IR/11L-03/2018

Date: 07.02.2018

ORDER

WHEREAS an industrial dispute existed between M/s. Sagar Trading Company, 8/1,

Princep Street, Kolkata-700 072 and their workman Sri Gorakh Nath Routh, 96, N.D. Bose Lane,

Konnagar, Hooghly, Pin-712 235 regarding the issues being a matter specified in the Second

Schedule to the Industrial Disputes Act, 1947 {14 of 1947};

AND WHEREASthe workman has filed an application under sub-section 2 of Section 2A

ofthe Industrial Dispute Act, 1947 {14 of 1947} to the Judge, Seventh Industrial Tribunal specified

for this purpose under this Department's Notification No. 101-1Rdated 02.02.2012.

AND WHEREAS, the said Judge, Seventh Industrial Tribunal has submitted to the State

Government its Award on the said Dispute.

NOW, THEREFORE,in pursuance ofthe 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 theGovernment of West Bengal.

Contd ...2..

:: 2 ..

No._labr./75/1(2) -IRDate: 07.02.2018

Copyforwarded for information to ;_

1. TheJudge,Seventh Industrial Tribunal with reference to his Memo No.2279-LTdated 29.12.2017.

2. TheJoint Labour Commissioner (Statistics),W.B., 6, Church Lane,Kolkata-700001.

Deputy Secretary to theGovernment of West Bengal

No._labr./75/2(S)/(LC-IR)

Copy with a copy of the Award forwarded for information and necessaryaction to ;_Date: 07.02.2018

1. M/s. SagarTrading Company,8/1, PrincepStreet, Kolkata-700 072

2. Sri Gorakh Nath Routh, 96, N.D.BoseLane,Konnagar,Hooghly, Pin-712 235.

3. TheAssistant Labour Commlsstoner, W.B., In-Chargeof LabourGazette.

4. The LabourCommissioner, W.B., N.S.Buildgs.(llth Floor),l, K.S.RoyRoad,Kol-l.

/ The D.S.D. ITCell, Labour Department, with the request to case the Award in theDepartment's Website.

Deputy Secretary to theGovernment of West Bengal

Sabita/IR/08022018

Before The Seventh Industrial Tribunal, West Bengal

Present: Shri Goutam Sengupta, Judge, Seventh Industrial Tribunal

CASE NO. 48/2014; u/s.2A(2)

Sri Gorakh Nath Routh, 96, N.D. Bose Lane, Konnagar, Hooghly, PIN - 712 235 .

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

-versus-

Mis. Sagar Trading Company, 8/1, Princep Street, Kolkata - 700072 .

............ ..Opposite Party/Company.

A WARD

Dated: 22.12.2017

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

amended, filed by the workman Sri Gorakh Nath Routh, 96, N.D. Bose Lane, Konnagar,

Hooghly, PIN -712235 against his employer Mis. Sagar Trading Company, 811, Princep

Street, Kolkata - 700 072 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.

The applicant Sri Gorakh Nath Routh is examined himself as P.W. 1 and prayed

for settlement since the dispute between himself and the O.P. Company has been

amicably settled. He also said that he is not willing to proceed with this case any further.

No witness has been examined on behalf of the O.P. Company.

On 08.12.2017 both the parties filed.a joint petition of compromise to pass an

Award in the terms of settlement. From the memorandum of settlement it appears that

the disputes amongst themselves have been settled amicably. The applicant received

lump sum amount of RsAO,OOOI-(Rupees Forty Thousand) only by two Demand Drafts

being NO.504209 dated 6.12.2017 and No.504245 dated 21.12.2017 from the company.

He has also stated that he has no grievance or any further claim against the O.P.

Company.

Contd ..P/2

2

Heard Ld. Lawyers for both sides. It is submitted that the dispute have been

negotiated between himself and the company and settled fully and finally in terms of

Memorandum of Settlement. It transpires from the Memorandum of Settlement that the

applicant approached the management for amicable settlement and the management is

pleased to settle the dispute.

On careful perusal of the Memorandum of Settlement and documents as well as

the evidence of the applicant it appears to me that the matter has been settled amicably

and at present, there is no due. The terms and conditions as embodied in the

Memorandum of Settlement are legal, valid and sufficient and the same is accepted.

Thus, a compromise award be passed on the footings that the matter has been

amicably settled and the Memorandum of Settlement do form a part of the award.

This is my Award.

Dictated & corrected by me,

Juflge ."evert'! hldustrial rrtbun'~ Seventh In strial Tribunal

Kolkata22-12-2017

JuJge'iellenfll lndustrin] Tribttn,;,

'FORM-J'(See Rule 68)

Form for Memorandum of Settlement

1. Names and addresses of the parties _ .(a) The name and address of the establishment or

undertaking involved;M/s. Sagar Trading Co.8/1, Princep Street, Kolkata - 700 072.

(b) The name and address of the workman involved,Mr. Gorakh Nath Routh ~96, N.D. Bose Lane, Konnagar,Hooghly, PIN712 235

2. Name of the person/persons representing theemployer(s)Mr. Lakshman Chandra Halder, Advocate

3. Name of the person/persons representing the workman:Mr. Saibal Mukherjee.

4. Short recital of the case : The workman abovenamedraised an Industrial Dispute challenging the allegedtermination of service and proceeding has been initiatedbeing Case No.' 48/2A(2) of 2014 before the Ld. 7thIndustrial Tribunal, W.B. and during hearing partiesagreed to settle the dispute amicably outside the Ld.Court.

5. Terms of settlement:The employer agreed to pay a sum of Rs.40,000/ - as fulland final settlement of the pending dispute. By twoequal instalments first one - is to be the date of filing thesettlement i.e. 08.12.2017 and the next one on or before28th December, 2017.The workman shall not claim any employment and/orgratuity and/ or any other benefits further and theacceptance of the said sum of RsAO,OOO / - will be fulland final settlement of all claims.The parties agreed to file the instant Memorandum ofSettlement before the Tribunal and to pray for passingan award in terms of the above settlement.

Signature of the Parties.