Authority: Calcutta High Court (High Court at Calcutta)
Order Date: 03 September 2026
Case Overview
- Petitioners: Cemindia Projects Limited (petitioner) vs. State of West Bengal & others (respondents). The writ application (WPA 18033 of 2026) challenged the Referee’s order dated 29 May 2026 under the West Bengal Shops and Establishments Act, 1963.
- The Referee had admitted the private respondent’s Form N filed on 11 November 2022, seeking recovery of wages amounting to Rs 4,30,656 with interest, based on alleged outstanding dues from his employment with ITD Cementation India Ltd.
- The private respondent had been appointed Deputy General Manager (probation) on 14 Jan 2009, confirmed on 3 Aug 2009, resigned on 24 Feb 2012, and received a settlement cheque of Rs 11,12,816.03 on 3 May 2012.
- Cemindia Projects argued that the Form N was barred by a limitation period exceeding ten years (claim relates to period ending 31 Mar 2012, filed on 11 Nov 2022), that the Shops and Establishments Act did not have jurisdiction, and that the employment contract stipulated disputes be resolved in Mumbai.
- The petitioner also relied on the judgment in Gupta Electric Co. v. Chief Judge, Small Causes Court at Calcutta (1988) to contend that the Referee lacked jurisdiction to adjudicate wage deduction matters.
- The Court examined the delay of 10 years 7 months, the contractual jurisdiction clause, and the statutory limitation provisions, concluding that the reasons accepted by the Referee were not in accordance with law.
Final Outcome
- The Court set aside the Referee’s order dated 29 May 2026.
- All applications connected to that order stand disposed of.
- Any interim order stands vacated.
- A photostat certified copy of the judgment shall be issued to the parties on priority upon compliance with formalities.
Topics: Labor Law, Wage Recovery