Messrs Greenply Industries Limted v. State Of West Bengal And ORS.

15.05.2026 Item no. 24 Court no. 30 g.b.

266012 WPA 29032 of 2025 Messrs Green Ply Industries Ltd.

Vs.

The State of W. B. & Ors.

Mr. Ranjay De, Sr. Advocate Mr. B. Banerjee Mr. A. A. Bose ......For the Petitioner Mr. Avijit Tewary ......For the Respondent/P.F. Authority 1.

The writ application has been preferred challenging an award dated 25.09.2024 passed by the Learned Eighth Industrial Tribunal, Kolkata. The Eighth Industrial Tribunal, Kolkata vide the impugned award had directed as follows:

"That the dismissal of Sri Sandip Chakraborty with effect from 14.09.2013 by the management is hereby cancelled/set aside. It is further ordered that Sandip Chakraborty be reinstated in service with all consequential benefits.

Accordingly, this case is disposed off on contest and this order is to be treated as an Award of this Tribunal."

2.

Learned senior counsel, Mr. Ranjay De appearing for the petitioner submits that complying with the direction in the said award, the employee Sandip Chakraborty was reinstated on and from 1st August, 2025.

3.

The petitioner herein has challenged the award only in respect of the part wherein the consequential benefits have been granted to the employee. It is the contention of the petitioner that during the period from the date of dismissal to the date of reinstatement, the petitioner was gainfully employed and as such he is not entitled to any back wages.

4.

This Court finds that the Learned Tribunal has not granted any back wages to the said employee and the term 'consequential beneifts' does not include back wages, in view of this Court.

5.

Accordingly, the writ application is disposed of with the direction that considering the fact that the employee was employed on and from 14.09.2013 to 30.07.2025 as per the report filed by the respondent/PF Authority, the employee herein shall not be entitled to the consequential benefits, as directed by the Tribunal.

6.

WPA 29032 of 2025 stands disposed of.

7.

Urgent photostat certified copy of this order, if applied for, be supplied to the parties on urgent basis after completion of all necessary formalites. ( Shampa Dutt (Paul), J.)