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No. Labr./166/(LC-IR) IR/7L-09/17

Government of West Bengal Labour Department

I.R. Branch New Secretariat Buildings(12th Floor),

1, K.S. Roy Road, Kolkata-700 001

Dated, Kolkata, the 12th March, 2018

0 RD ER

WHEREAS an industrial dispute existed between Mis. The Calcutta Jute

Manufacturing Company Ltd., 98-H/13, Narkeldanga Main Road, Kolkata-700054 and

Shri Amit Kumar Yadav, S/o Late Rajesh Kumar Yadav, 98-H/13, Narkeldanga Main

Road, Kolkata-700054 regarding the issue, being a matter specified in the 2nd Schedule

to the Industrial Disputes Act, 1947 (14.of 1947).

AND WHEREAS the workman has filed an application under section 10(1 B)(d)

of the Industrial Disputes Act, 1947 (14 of 1947) to the Judge, 7th Industrial Tribunal

specified for this purpose under this Department's Notification No. 1085-IR/12L-9/95

dated 25/07/1997. I

AND WHEREAS the Judge of the said 7th Industrial Tribunal heard the parties

under section 10(1 B)(d) of the Industrial Disputes Act, 1947 (14 of 1947).

AND WHEREAS the said Judge, 7th Industrial Tribunal has submitted to the State

Government its Award under section 10(1 B)(d) of the Industrial Disputes Act, 1947 (14

of 1947) on the said Industrial Dispute.

NOW, THEREFORE, in pursuance of the provisions of Section 17 of the

Industrial Disputes Act, 1947 (14 of 1947), the Governor is pleased hereby to publish

the said Award as shown in the Annexure hereto :

ANNEXURE (Attached herewith)

By Order of the Governor,

Deputy Secretary to the Govt. of West Bengal

Contd .... P/2

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No.Labr./166/1 (5)/(LC-IR) Dated, Kolkata, the 12th March, 2018

Copy, with a copy of the Award, forwarded for information and necessary action to

1. M/s. The Calcutta Jute Manufacturing Co. Ltd., 98-H/13, Narkeldanga Main Road, Kolkata-700054.

2. Shri Amit Kumar Yadav, S/o Late Rajesh Kr. Yadav, 98-H/13, Narkeldanga Main Road, Kolkata-700054.

3. The Assistant Labour Commissioner, W.B. In-Charge of Labour Gazette; N.S. Buildings, 1, Kiran Shankar Roy Road, Kolkata-700001.

4. The Labour Commissioner, West Bengal, N.S. Buildings(111h Floor), 1, Kiran Shankar Roy Road, Kolkata-700001.

/

~he O.S.D., I.T. Cell, Labour Department, with the request to cast the Award in the Department's website.

p>- Deputy Secretary

to the Govt. of West Bengal

Dated, Kolkata, the 12th March, 2018

Copy forward d for information to :

1. The Judge, 7th ndustrial Tribunal wlth respect to his Memo. No. 131-L.T. dated 9/01/2018.

2. The Joint Labou Commissioner (Statistics), West Bengal, 6, Church Lane, olkata-700001.,

Deputy Secretary to the Govt. of West Bengal

G)M)-lnd. Tri-

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Before The Seventh Industrial Tribunal, West Bengal

Present: Shri Gautam Sengupta, Judge, Seventh Industrial Tribunal

CASE NO. 11 of2013; u/s. lO(lB)(d)

Late Rajesh Kumar Yadav(Since deceased)

Substituted by :

Sri Amit Kumar Yadav, S/o. Late Rajesh Kumar Yadav, 98-H/13, Narkeldanga

Main Road.

. Applicant

-versus-

M/s. The Calcutta Jute Manufacturing Company Limited, 98-H/13, Narkeldanga

Main Road, Kolkata - 700 054.

.. Opposite Party

AW ARD

Dated: 15-01-2018

This is an application under Section 10(1 B)( d) of the Industrial Disputes Act,

194 7 as amended, filed by the Sri Raj esh Kumar Y adav (Since deceased) thereafter

substituted by Sri Amit Kumar Yadav, S/o. Late Rajesh Kumar Yadav, 98-H/13,

Narkeldanga Main Road against his employer M/s. The Calcutta Jute Manufacturing

Company Limited, 98-H/13, Narkeldanga Main Road, Kolkata - 700 054 in connection

with termination of service by his employer and is also praying for reinstatement in

service with full back wages and consequential benefits.

The O.P. Company appeared and filed written statement in triplicate.

On 15.01.2018 both the parties filed a joint petition of compromise to pass an

Award in the terms of settlement. From the memorandum of settlement it appears that

the disputes among themselves have been settled amicably. The opposite party will pay a

sum of Rs.60,000/- to Sri Amit Kumar Yadav in full and final settlement of all the

claims(inclusive of gratuity) of Late Rajesh Yadav and on receipt of the said amount Sri

Amit Kumar Yadav will not place any other monetary claim on the opposite party in

respect of employment of his father Late Rajesh Kumar Yadav. It is also stated that Sri

Amit Kumar Yadav will withdraw the Case No.11 of 2013 u/s. 10(1 B) of the Industrial - . ··-. 6. · _ '~ .. p~.sput~s Act, 194 7 pending before the Ld. Seventh Industrial Tribunal. They have also

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stated that they have settled all the disputes related with the employment and also the

related matters involved in Case No.11 of 2013 pending before this Tribunal.

Heard Ld. Lawyers for both sides. It is submitted that the dispute have been

negotiated between the substituted applicants and the company and settled fully and

finally in terms of Memorandum of Settlement. It transpires from the Memorandum of

Settlement that the applicants approached the management for amicable settlement and

the management is pleased to settle the dispute.

On careful perusal of the Memorandum of Settlement and documents of the

parties it appears to me that the matter has been settled amicably and at present, there is

no due. The terms and conditions as embodied in the Memorandum of Settlement are

legal, valid and sufficient and the same is accepted.

Thus, a compromise award be passed on the footings that the matter has been

amicably settled and the Memorandum of Settlement do form a part of the award.

This is my A ward.

Dictated & corrected by me,

ge

~};J r-,.. , ,.t ,.t r TribtHt"""

~:1 Seventh In~;ial Tribunal

Kolkata 15-01-2018

JY-4ge Seven-rri Industrial Trib~mr..

MEMORANDUM OF SETTLEMENT

1. Name of the Parties:- The Calcutta Jute Manufacturing

Company Limited.

93, Narkeldanga Main Road,

Kolkata 700 054

AND

Shri Amit Kumar Yadav,

S/o Late Rajesh Kumar Yadav,

98-H/13, Narkeldanga Main Road,

Kolkata- 700 054.

2. Representing Employer:- Shri Anshuman Raghaw - Authorised

Signatory of the Co.

3. Representing Employee:- l.Shri Amit Kumar Yadav,

Legal Representative of Late

Rajesh Kumar Yadav.

4.Short Recital of the Case:- The concerned workman Late

Rajesh Kumar Yadav raised an Industrial Dispute with the Labour

Directorate Government of W.B. claiming redressal of his alleged

termination by the management of the Company, which ultimately

resulted in filing of case No. 11/2013 U/S 10(1B) of the

Industrial Disputes Act 1947 ( as applicable in W.B). During the

pendency of the case before Ld. Seventh Industrial Tribunal, the

l .

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said concerned workman died on 15/02/1 7, thereafter, his son

Shri Amit Kumar Yadav was substituted in place of Late Rajesh

Kumar Yadav as he is the sole legal heir of Late Rajesh Yadav.

In the mean time approach was made from the side of the

Applicant for consideration on the humanitarian grounds. The

parities negotiated, at Bipartite level and after protracted

negotiations arrived at the following mutual settlement.

5. Terms of Settlement:- It is agreed by and between the

parties;

(a) That Shri.Amit Kumar Yadav will be engaged as learner

Spinner in Spinning Section from the day Shri Amit

Kumar Yadav will join. The Opposite Party had already

issued letter of appointment as learner which contains

terms and conditions of his engagement. A copy of the

aforesaid letter of appointment is annexed herewith

which form part of the Memorandum of Settlement.

(b) That Opposite Party will pay a sum of Rs. 60,000/= to

Shri Amit Kumar Yadav in full and final settlement of

all the claims (inclusive of Gratuity) of Late Rajesh

Yadav. That on receipt of the said amount of Rs.

60,000/= Shri Amit Kumar Yadav will not place any

other monetary claim on the Opposite Party in respect

of employment of his father Late Rajesh Kumar Yadav.

(c) That Shri Amit Kumar yadav will withdraw the caseNo.

11 of 2013 U/s 10 (lB) of the Industrial Disputes Act

..

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1947( as applicable in W.B.), pending before Ld.

Seventh Industrial Tribunal and a joint petition will

be filed for passing of an Award in terms of

compromise.

(d) This settles all the disputes related with the

employment as well as alleged termination of Late

Rajesh Kumar Yadav and also the related matters

involved in case No. 11 of 2013 pending before Ld.

Seventh Industrial Tribunal.

For the Company

0/-,,;bl(;V,UI/ <tff",l,,t~ . For the Workman

Witness:-

The Calcutta Jute Manufacturing Co. Ltd. Phone : 033-24500500, Fax-033-24480047 E-mail: cjmcl10@gmail.com Works: 93, Narkeldanga Main Road, Kolkata - 700 054

24/1/1, Alipore Road, 3rd Floor, Kolkata - 700 027 CIN: L17232WB1929PLC006470

Dated :-12/01/2018

Sri Amit Kumar Yadav S/o Late Rajesh Kumar Yadav 98-H/13 Narkeldanga Main Road Kolkata 700 054

You are hereby appointed as a learner Spinner of Spinning Section with effect from 14/01/2018 with the

following trams and condition:-

01. During the training period, you will given as stipend of rupees 3500/- per month (208 Hours) for 6 (Six) months.

02. After completion of your training you will be put on trial and after satisfactory performance, you will engage as a

spinner in DD category.

4~- Managing Director

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P~yable at par through·~Cl~ariiig/transfer_ at-awbfaflches of HDFC BANK LTD

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lffiCIPT

Received with thanks from Mis The Calcutta Jute Manufacturing Company Limited, 93,

Narkeldanga Main Road, Kolkata - 700 054, a sum of Rs. 60,000/- (Rupees Sixty Thousand only) by

way of 2(Two) cheques bearing cheque No. -003533 and 003534, each amounting Rs.30,000/- (Ruees

Thirty Thousand only) dated 13/01/2018, drawn on HDFC Bank, 38, Chetla Central Road, Kolkata -

7 00 02 7, West Bengal, Pursuant to settlement dated J. ?/. ~ ~ /.~ 8'. in full & final settlement claims

including of Gratuity relating to employment and termination of my father Late Rajesh Kumar Yadav.

Now, I have no claims over the Company i.e The Calcutta Jute Manufacturing Company Limited, 93,

Narkeldanga Main Road, Kolkata - 700 054.

Witness:

~~- .AfJ.J . "

(Amit Kumar Yadav) S/o-Late Rajesh Kumar Yadav

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