Gopal Gupta v. Sourav Gadia And ORS.

06.08.2024 Item No.10 RP/AN Ct. No.1 CPAN 352 of 2024 + MAT 389 of 2020 Gopal Gupta Vs.

Sourav Gadia & Ors.

Mr. Uttiya Roy Mr. Arnab Mandal ......for Applicant Mr. Soumya Majumder Mr. S.K.Singh Mr. Ravi Kumar Dubey ......for Contemners 1.

Today the respondent/management has handed over two cheques drawn in favour of the applicant dated 30.07.2024 for a sum of Rs.12,87,036.54 and another cheque dated 03.08.2024 for a sum of Rs.35,655.99.

According to the respondent/management the amounts shown in two cheques represent payment of full back wages from February 2005 to December 2022.

2.

An affidavit of compliance has been filed by the respondent/management wherein it is stated that the applicant is not regularly reporting for work from 16th March, 2023. This allegation is sought to be denied by the applicant.

3.

We direct the applicant to accept both the cheques and give a written acknowledgement to that effect to the learned advocate appearing for the respondent/management. It has also mentioned in the affidavit that the applicant has already filed an application under Section

33(C)(2) of the Industrial Dispute Act before the First Labour Court, West Bengal, being Computation Case No.12 of 2023 and the amount received by him by way of two cheques will be without prejudice to the applicant's right to contest the computation case. The applicant is directed to report for duty on 12th August, and the respondent/management shall continue to give employment to the applicant.

4.

With the above direction, the contempt application is disposed of.

(T. S. SIVAGNANAM) CHIEF JUSTICE (HIRANMAY BHATTACHARYYA, J.)