Authority: Calcutta High Court (Constitutional Writ Jurisdiction, Appellate Side)
Order Date: 08 October 2026
Case Overview
- Petition: WPA 20922 of 2026 filed by M/s. Sri Annapurna Cotton Mills & Industries Ltd. (Petitioner) against the State of West Bengal & others (Respondents).
- Original dispute stemmed from an ex‑parte award dated 18 May 2018 (Case No. 27 of 2011) where the Labour Court directed reinstatement of workman Kanai Lal Manna, payment of full back wages, other consequential benefits, and a cost of Rs 5,000.
- The workman superannuated on 23 March 2013 while the award was pending. He later claimed Rs 4,73,537 plus costs in a letter dated 15 November 2018, to which the petitioner replied on 21 November 2018, expressing willingness to comply and requesting exact calculations.
- The workman filed an application under Section 33C(2) of the Industrial Disputes Act, 1947 for recovery of money. He died intestate on 10 November 2023, leaving his wife as sole legal heir.
- The 2nd Labour Court, West Bengal, on 10 March 2026 (Case No. 1 of 2019) partially allowed the application and directed the opposite party to pay Rs 1,85,835 to the legal heir with simple interest at 10% per annum from the date of application until realization, payable within two months.
- Respondent No.4 argued that the executing court had not exceeded the original award and cited several precedents (Standard Pharmaceuticals Ltd., Kanchan Oil Industries Ltd., Jhunu Thapa, Raj Narain).
- The petitioner contended that the Labour Tribunal failed to consider the period of suspension, misapplied Section 33C(2), and improperly added interest not mentioned in the original award, relying on Supreme Court judgments (State Bank of India v. Ram Chandra Dubey, Management of Nwkrtc v. Manjunath, Municipal Corporation of Delhi v. Ganesh Razak).
- The High Court examined the operative parts of both the 2018 ex‑parte award and the 2026 Labour Court judgment, noting that the original award already mandated payment of back wages, consequential benefits, and interest.
- The Court observed that the Labour Court’s calculation period (March 2018 to March 2023) was erroneous; the correct period should be March 2008 to March 2013 based on the workman’s service record (date of birth 23 March 1955, superannuation at age 58 on 23 March 2013).
- Concluding that the Labour Court did not exceed the original award and that interest was already part of the original award, the High Court found no ground for interference.
Final Outcome
- The High Court dismissed WPA 20922 of 2026.
- All applications connected thereto stand disposed of.
- Parties may obtain a certified copy of the judgment upon compliance with formalities.
Topics: Labour Law, Industrial Disputes