Cygnet Industries Limited v. State Of West Bengal And ANR.

OD-1 ORDER SHEET

IN THE HIGH COURT AT CALCUTTA

ORIGINAL SIDE IA NO.GA/1/2024 IN RVWO/1/2024 CYGNET INDUSTRIES LIMITED -VSSTATE OF WEST BENGAL AND ANR.

BEFORE:

The Hon'ble JUSTICE RAJASEKHAR MANTHA Date : 2nd APRIL, 2024.

Appearance :

Mr. S. Majumder, Adv.; Mr. M.K. Seal, Adv.; Mr. S. Kundu, Adv., for petitioner. Ms. T. Samanta, Adv., for State

1. The Court: 1. Review is sought of the order dated November 28, 2024, passed in WPO/1301/2023 to a limited extent.

2. At paragraph 20, this Court had directed that the workman shall be paid back wages only to the extent of 20% of the total emoluments which he would have drawn had he been in service from November 11, 2009 till 2020.

3. Mr. Majumder points out that due to an error and oversight, it was not indicated to the Court that in terms of the standing orders applicable to the establishment, the normal date of superannuation of a workman is 55 years. Therefore, the workman would have been entitled to work until July 7, 2015.

4. In those circumstances, RVWO/1/2024 is allowed. The expression in the second and third line of paragraph 20 of internal page 7 of the order dated

November 28, 2023 shall stand modified and corrected to read as "from November 11, 2009 till 7th July 2015".

5. GA/1/2024 also accordingly stands disposed of. (RAJASEKHAR MANTHA, J.) tk