--: 2 No.Labr./199/1 (5)/(LC-IR) Dated. Kolkata. the 20th March. 2018 Copy, with a copy of the Award, forwarded for information and necessary action to : 1. Mis. Krishna Tissues Pvt. Ltd., P.O.-Barunda, P.S.-Bagnan, Dist.-Howrah, PIN-711303. 2. Shri Samir Mondal, Vill.-Durlavpur, P.O.-Kantapukur, P.S.-Bagnan, Dist.-Howrah, PIN-711303. 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. Buildinqstl t" Floor), 1, Kiran Shankar Roy Road, Kolkata-700001. 0. The O.S.D., I.T. Cell, Labour Department, with the request to cast the Award in the Department's website. / . ~ Deputy Secretary to the Govt. of West Bengal Dated. Kolkata. the 20th March. 2018 1. The Judge, FI h[,lndustrialTribunal, West Bengal with reference to his Memo. N . 132-L.T. dated 19/01/2018. 2. The Joint Labo r Commissioner (Statistics), West Bengal, 6, Church Lane, Kolkata-700001. Deputy Secretary to the Govt. of West Bengal G)M)-Ind. Tri- -- -- -- - ----- --------------------- Government of West Bengal Labour Department I.R. Branch New Secretariat Buildings(12th Floor), 1, K.S. Roy Road, Kolkata-700 001 No. Labr./199/(LC-IR) Dated, Kolkata, the 20th March, 2018 IR/11 L-31/15 o R D E R WHEREAS under the Government of West Bengal, Labour Department Order No. 205-IR/11 L-31/15 dated 25/02/2015 the Industrial Dispute between MIs. Krishna Tissues Pvt. Ltd., P.O.-Barunda, P.S.-Bagnan, Dist.-Howrah, PIN-711303 and their workman Shri Samir Mondal, Vill.-Durlavpur, P.O.-Kantapukur, P.S.-Bagnan, Dist.-Howrah, PIN-711303 regarding the issue mentioned in the said order, being a matter specified in the Second Schedule' to the Industrial Disputes Act, 1947 (14 of 1947), was referred for adjudication to the Judge, Fifth Industrial Tribunal, West Bengal. AND WHEREAS the Judge of the said Fifth Industrial Tribunal, West Bengal, has submitted to the State Government its Award 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 ....PI2 1 In the matter of an Industrial Dispute between Mis. Krishna Tissues Pvt. Ltd., P.O. - Barunda, P.S. - Bagnan, Dist. - Howrah, PIN - 711303 and their workman Sri Samir Monda,l, Vill - Durlavpur, P.O. - Kantapukur, P.S. - Bagnan, Dist. - Howrah, Pin - 711303. [ Case No. VIII - 18/2015 ] BEFORE THE JUDGE, FIFTH INDUSTRIAL TRIBUNAL, KOLKATA Present Shri Tapan Kumar Das, Judge, Fifth Industrial Tribunal (Award passed on 10.01.2018) AWARD This industrial dispute between Mis. Krishna Tissues Pvt. Ltd., P.O. - Barunda, P.S. - Bagnan, Dist. - Howrah, PIN - 711303 and their workman Sri Samir Monda,l, Vill - Durlavpur, P.O. - Kantapukur, P.S. - Bagnan, Dist. - Howrah, Pin - 711303 has been referred by the Labour Department, Government of West Bengal, I.R. Branch, East India House, 2nd Floor, 20B, Abdul Hamid Street, Kolkata - 700 069 to this Fifth Industrial Tribunal vide G.O. No. 205-I.R.lIRl11L-31/15 dated 25th February, 2015 for adjudication upon the undermentioned issues: - ISSUES 1) Whether the dismissal of Sri Samir Mondal by the management w.e.f. 23.04.2014 is justified? 2) If not, what relief is he entitled to? It appears from the record that today i.e. 10.01.2018 was fixed for filing memo. Of settlement by the parties. It appears that parties to the case filed a put-up petition on 28.12.2017 and filed memo of settlement on that date. On that date the delinquent employee Sri Samir Mondal and the Manager (H&R) of Mis. Krishna Tissues Pvt. Ltd. were present and were examined as W.W. - 1 and M.W. - 1 respectively. Notice was served upon both the parties and both of them entered appearance in the case and submitted their respective written statement and the case was contested by the parties. In the meantime there was negotiation between the parties in respect of settlement 2 of the dispute and finally both the parties arrived at settlement and both of them submitted memorandum of settlement. According to the settlement, management has agreed to pay a lum sum amount of Rs. 74541/- (Rupees Seventy Four thousand Five Hundred Forty One only) to the delinquent employee Sri Samir Mondal and said employee has accepted the proposal and has agreed to the fact that he has got no further claim against the management. He has agreed that he will not make any demand of employment from the management in future and he has stated this fact in his deposition. He has clearly stated that he has received an Account Payee Cheque of Rs. 74541/- bearing No. 121233 dated 22.12.2017 from the company. From the side of the management the Manager (H&R) ofM/s. Krishna Tissues Pvt. Ltd., Sri Mriganka Mouli Bhattacharya is examined and he has also stated the same fact about the settlement. Both the delinquent employee Sri Samir Mondal and from the side of the management, Sri M. M. Bhattacharya, Manager (H&R) have signed the settlement. Carefully examine the terms and condition of the settlement and having regard to the facts and circumstances of the case and considering the materials on record and the evidence adduced by the parties I find that there is no legal impediment to accept the memorandum of settlement filed by the parties and accordingly it is accepted. The same is legal, valid and free from virus of misrepresentation and coercion. Hence, It is ordered, That the case be and the same is disposed of in terms of memorandum of settlement and the memo of settlement be made part of the Award. This order is to be treated as no dispute award as at present there is no existence of dispute. This is my award. Dictated & corrected by me. Judge (Tapan Kumar Das) Judge Fifth Industrial Tribunal Kolkata 10.01.2018 Judge., 5th Industril Trfbunal Govt, of\Vest Hei'l~~1 , ., . MEMORANDUM OF SETTLEMNT 1. Name of the Parties M/ s. Krishna Tissues Pvt. Ltd., Post Office- Barunda, P.S. - Bagnan, Dist.• Howrah, Pin - 711303 .... Employer/Company AND Sri Samir Mandal, Vill. - Durlavpur, P.O. - Kantapukur, P.S. - Bagnan, Dist. - Howrah, Pin Code No. 711303 .... Workman 2. Name of the person Mr. Mriganka Mouli Bhattacharya representing the Employer 3. Name fo the person Sri Samir Mandal representing the Employee 4. Short Recital of the Case : Sri Samir Mandal was an employee of M/ s. Krishna Tissues Pvt. Ltd., Post Office - Barunda, P.S. - Bagnan, Dist.- Howrah, Pin - 711303. The said employee was dismissed by the Co vide " -2- a letter dated 23.04.2014 on the basis of Enquiry Report of the Enquiry Officer dated 22.03.2014. The said employee raised an Industrial Dispute before the Deputy Labour Commissioner, Uluberia for Conciliation so that the dispute raised by the Applicant be settled but the said dispute was not settled. The matter was referred by Labour Department, Govt. ofWest Bengal by an order bearing no. 205-I.R./I.R./ 11L- 31/15 dated 25th February, 2015 to the Ld. 5th Industrial Tribunal, Calcutta for adjudication. The said case has been Registered bearing No. VIII 18/15. M/ s. Krishna Tissues (P)Ltd. being the Company appeared in the instant case and has been contesting the same. In the rnean time the discussions for settlemen t on the basis of approach of the workman was going on between the parties at bi-partite level and after discussions it has been settled by and between the parties on the followingterms and conditions. 5. Terms of Settlement: i) The Company shall pay to the employee Sri Samir Mondal, Applicant of the case bearing no. VIII 18/15 the following amount at the time of signing of this Settlement by a ,')I r, .-,r: . ,~;.." ~ /; "; " .. Cheque bearing, No... I'::;'.~.~.;...... In favour of Sri Samir Mondal drawn on Allahabad Bank, Park Street Branch as full and final settlement in respect ofhis employment dues. -3- 1) Settlement amount Rs. 65,000/- 2) Gratuity amount Rs. 5,204/- 3) Salary for the month Rs. 3,435/- of August 2013 (Net) 4) EL Due (15 days) of Basic Rs. 902/- salary Rs. 1804/- Rs. 74,541/- ii) After receiving the total amount of Rs. 74,541/ - Sri Samir Mondal shall not make any demand of employment; amount of gratuity and any monitary claim for the disputed . period i.e. from the date alleged dismissed to till date of signing this settlement from his employer M/s. Krishna Tissues (P)Ltd. The photo copy of cheque and photo copy of receipt is enclosed herewith marked as "A"and "B". iii) Itis agreed both the parties shall file this Memorandum of Settlement to pass an Award in terms of such settlement in respect of Case No. VIII 18/15 pending before the Ld. 5th Industrial Tribunal Calcutta . • iv) That with the signing of this Memorandum of Settlement the dispute will be settled finally. , h'v\~ ""'~\'~~&'~"('a t: Si nature of the Employer Signature of the Employee s.r, -4- RECEIPT I, Samir Mondal, residing at Vill. - Durlavpur, P.O. - Kantapukur, P.S. - Bagnan, Dist. - Howrah, Pin Code No.711303 a..~NO has received~frOlnMis. Krishna Tissues Pvt. Ltd., situated at Barunda, P.S. - Bagnan, Dist.- Howrah, Pin - 711303 as full and fmal settlement or my employment dues against a Case No.VIII 18/15 pending before the Ld.