Authority: High Court of Calcutta, Court No.13

Order Date: 15 July 2026

Case Overview

  • Parties: Appellants – Govind Gas Power Company & Ors.; Respondents – State of West Bengal and Respondent No.2 (the workman).
  • Proceedings: Application for condonation of delay (CAN 1 of 2026) and appeal (MAT 2274 of 2025) with connected application (CAN 2 of 2026).
  • Background: The appeal challenged the judgment dated 21 August 2025 of a learned Single Judge in W.P.A. 8239 of 2025, which refused to interfere with an Award dated 30 January 2025 passed by the 9th Industrial Tribunal, Paschim Bardhaman at Durgapur (Case No. 5/23) under Section 2A(2) of the Industrial Disputes Act, 1947. The Tribunal had found that Respondent No.2 was a workman wrongfully terminated by the appellants on 3 May 2022.

Findings and Directions

  • CAN 1 of 2026 (Condonation of Delay): The Court accepted the grounds for a 92‑day delay, granted condonation, and disposed of the application with no order as to costs.
  • MAT 2274 of 2025 (Appeal): The Court examined the Single Judge’s judgment and the Tribunal award, noting that the procedure prescribed under the Industrial Disputes Act and its Rules was duly followed. The award was upheld.
  • Superannuation Consideration: The Court observed that the workman had attained the age of superannuation (58 years). Consequently, back wages are payable only from May 2022 to November 2022.
  • Benefits: The workman shall receive all benefits normally payable upon reaching superannuation as of 30 November 2022.
  • Disposition: The appeal is dismissed; MAT 2274 of 2025 stands disposed; the connected application CAN 2 of 2026 is also disposed. No order as to costs.
  • Implementation: All parties are directed to act on a server copy of this order downloaded from the official website of the Court.

Final Outcome

  • Delay condonation approved; appeal dismissed; Tribunal award upheld; back wages limited to May‑Nov 2022; superannuation benefits as of 30 Nov 2022 granted; no costs; parties to obtain the order online.

Topics: Court Proceedings, Industrial Dispute, Employment Termination