Authority: Calcutta High Court
Order Date: 23 September 2026
Case Overview
- Parties: Petitioner M/s. Zydus Health Care Ltd.; Respondent No.1 State of West Bengal & Anr.; Respondent No.2 (employee/workman).
- Background: The 7th Industrial Tribunal, West Bengal issued an award on 04.12.2025 in case no. 22/2021 under s.10(1B)(d) of the Industrial Disputes Act, reinstating the employee effective 06.06.2020, ordering full back wages, benefits, and interest at 10% per annum.
- Petitioner’s grievance: The Tribunal denied the adduction of the principal witness, Mr. Subhabrata Dutta, Senior Business Manager, who is the victim in the dispute.
- Court proceedings: Writ Petition (WPA 4598 of 2026) filed; Court allowed an application under Section 17B of the Industrial Disputes Act, noting the workman is receiving his last drawn wages of Rs.37,024.30.
Observations & Reasoning
- The Court held that the victim is a vital witness; denial impedes a fair hearing.
- Accepted senior counsel’s suggestion to permit the witness on condition that the employee receives a sustenance allowance.
Directions
- Set aside the impugned award dated 04.12.2025.
- Direct the 7th Industrial Tribunal to permit the petitioner to adduce Mr. Subhabrata Dutta as a witness and allow the employee to cross‑examine him.
- The Tribunal shall rehear arguments based on existing and newly adduced evidence and pass a fresh award in accordance with law.
- The petitioner shall continue paying a sustenance allowance (last drawn wages) of Rs.37,024.30 per month to the employee until the fresh award is rendered.
- All interim orders stand vacated; any related applications are disposed of; a certified copy of this order shall be issued to the parties upon compliance with formalities.
Final Outcome
- The award is overturned; the case is remanded to the Tribunal with permission to adduce the key witness and a requirement to maintain monthly sustenance allowance.
Topics: Industrial Dispute, Labor Law