Authority: Court No.13, Calcutta High Court

Order Date: 24.08.2026

Case Overview

  • Appeal No.: FMA 672 of 2025 with accompanying CAN 1 of 2025.
  • Parties: appellant – M/S. Orient Electric Limited (employer); respondents – The State of West Bengal and an unnamed workman.
  • The appeal challenges a judgment dated 3 March 2025 (WPA 3180 of 2025) and an earlier order dated 9 December 2024 passed by the 7th Industrial Tribunal, Kolkata (Case No.1/2A (2) of 2014) which granted interim relief to the workman under Section 15(2)(b) of the Industrial Disputes Act, 1947.
  • The workman had contested his dismissal; the Tribunal proceeded under Section 2A of the Act.
  • Counsel for the appellant (Senior Advocate Ranjay De, etc.) argued that the Tribunal failed to apply the mandatory prima‑facie test required by the Full Bench decision in B.G. Sampat Vs. State of West Bengal (2001 (1) LLN 616) and that the requirement for an enquiry officer to be an industry employee should be interpreted loosely, citing H.V. Nirmala Vs. Karnataka State Financial Corporation (2008) 7 SCC 639.
  • The Court noted that an outsider enquiry officer could provide a balanced view.

Final Outcome

  • The Court directs Orient Electric Limited to pay 60 % of the sums adjudicated by the Labour Court under Section 15(2)(b) to the workman within 15 days of the order. Failure to do so will make the employer liable to pay the entire sum directed under Section 15(2)(b).
  • The Industrial Tribunal is directed to determine the Section 2A reference (maintainability and, if required, merits of the disciplinary proceedings) within four months from the date it receives a copy of this order, and to refrain from granting any unnecessary adjournments.
  • The proceedings under Section 33C(2) of the Industrial Disputes Act are deemed disposed of as per this order.
  • If the Tribunal does not dispose of the matter within the stipulated period, the parties may seek revival of the orders under Section 33C(2) or pursue any other legal remedies available.
  • The order disposes of FMA 672 of 2025 and consequently CAN 1 of 2025; no costs are awarded.
  • All parties must act on the server copy of this order downloaded from the official Court website.

Topics: Industrial Disputes, Labour Law