Nature Of Duties Determines 'Workman' Status Under Industrial Disputes Act: Calcutta HC

Calcutta High Court: A Single Judge Bench of Justice Shampa Dutt (Paul) dismissed a writ petition that challenged an industrial tribunal's holding that an accountant was a 'workman' under the Industrial Disputes Act, 1947. The Court ruled that despite his accounting role, the workman primarily performed clerical functions without any supervisory or managerial authority. It explained...

Calcutta High Court Upholds Gratuity Entitlement Despite Corporate Insolvency Proceedings

Calcutta High Court: A Single Judge Bench of Justice Shampa Dutt (Paul) dismissed a writ petition challenging an order directing the payment of gratuity to an employee. The court ruled that gratuity payments remain a statutory obligation even after a company undergoes Corporate Insolvency Resolution Process (CIRP). It held that Section 36(4)(a)(iii) of the Insolvency and Bankruptcy...

PILs In Calcutta High Court Seek Heightened Security At Jadavpur University After Violent Clashes With Education Minister Bratya Basu's Convoy

Two public interest litigations have been moved before the Calcutta High Court seeking heightened security for university students after recent clashes with Education Minister Bratya Basu's convoy.In the ensuing violence, it is alleged that the minister's convoy attempted to run over students who had gathered around his vehicle. Protests were to be held against the education minister by the...

Referral Court Can Reject Arbitration Only In Exceptional Cases Where Plea Of Fraud Appears To Be Ex Facie Devoid Of Merit: Calcutta HC

The Calcutta High Court bench of Justice Shampa Sarkar observed that unless the arbitration agreement prima facie appeared to be inoperative on account of fraud, the referral Court should not indulge in a roving inquiry as such an inquiry is within the domain of the arbitrator. The fact whether the agreement was induced by fraud would entail a detailed consideration of the evidence lead...

Compassionate Employment Claims Must Be Considered Promptly, Bureaucratic Process Of Pushing Files Is Unacceptable: Calcutta High Court

The Calcutta High Court has held that claims of compassionate employment must be dealt with promptly and that the legal right of a litigant who belongs to a socially or economically backward section of society should not be defeated on account of procedural lapses of the litigant in view of glaring breaches by the employer. A division bench of Justices Soumen Sen and Uday Kumar allowed the...

[CGST ACT] Dept Can't Seize Goods If Quantity Or Weight Of Goods Is Found Correct On Physical Verification: Calcutta High Court

The Calcutta High Court stated that GST department cannot seize the goods if the quantity or weight of the goods is found correct on physical verification. The Division Bench of Chief Justice T.S Sivagnanam and Justice Hiranmay Bhattacharyya noted that the quantity or the weight of the goods, which were carried in the vehicle, has been found to be correct by the department on...

[Arbitration Act] Pre-Referral Jurisdiction Of Court U/S 11(6) Includes Inquiry On Whether Claims Are Ex-Facie & Hopelessly Time Barred: Calcutta HC

The Calcutta High Court Bench of Justice Shampa Sarkar has held that while the scope of adjudication by referral court is limited and entails a mere examination of whether the arbitration agreement exists or not, the referral court is not precluded from examining whether the claim is deadwood or ex facie barred. Background Facts The agreement between the parties was entered into...

Supreme Court Collegium Recommends Appointment Of 5 Advocates As Calcutta High Court Judges

The Supreme Court Collegium has recommended the appointment of five advocates as judges of the Calcutta High Court.They are :Smita Das De;Reetobroto Kumar Mitra;Md Talay Masood Siddiqui;Krishnaraj Thaker; andOm Narayan Rai.The recommendation was made at the Collegium meeting held on Febraury 25.Click here to read the resolution....

'Easy To Abandon, Destroy Heritage Structures, Focus Must Be On Restoration': Calcutta High Court

The Calcutta High Court on Thursday remarked that while it may be easy to abandon, destroy and dismantle heritage structures in favour of modernised buildings, the focus must instead be on restoring and making them functional.A division bench of Chief Justice TS Sivagnanam and Justice C. Chatterjee (Das) was hearing a continuing matter pertaining to the restoration of the tram system in...

Calcutta High Court Quashes Case Against Man Accused Of 'Mocking' CM Mamata Banerjee, Other Leaders On YouTube

The Calcutta High Court has quashed criminal cases against a man who was accused of making derogatory remarks and mocking West Bengal Chief Minister Mamata Banerjee and other political leaders on social media platform YouTube.In quashing the case, Justice Ajay Kumar Gupta held:"After careful scrutiny of the materials available in the case diary, this Court does not find any sufficient or...

Gratuity Dues Of Workers Do Not Form Part Of 'Liquidation Estate' Of Corporate Debtor, Must Be Paid In Full: Calcutta High Court

The Calcutta High Court bench of Justice Shampa Dutt (Paul) has held that gratuity dues are statutorily protected under the Payment of Gratuity Act, 1972, and do not form part of the liquidation estate of the Corporate Debtor under the Insolvency and Bankruptcy Code, 2016 (IBC). The court held that gratuity payments are outside the waterfall mechanism under Section 53 of the IBC and must be...

[Arbitration Act] Referral Courts Can't Indulge In Enquiry Into Whether Claims Are Time-Barred: Calcutta High Court

The Calcutta High Court bench of Justice Shampa Sarkar has held that in an application under section 11 of the Arbitration and Conciliation Act, 996, it would not be proper for the referral court to indulge in an intricate evidentiary enquiry into the question of whether the claims raised by the petitioner were time-barred or not. “Courts, at the referral stage, can interfere only...