Authority Imposing Damages Must Provide Detailed Reasoning For Penalties Under EPF Act: Calcutta HC

Calcutta High Court: A Single Judge Bench of Justice Shampa Dutt (Paul) dismissed a writ petition challenging the Central Industrial Tribunal's order that had set aside damages imposed by the Assistant Provident Fund Commissioner. The Court held that authorities imposing damages under Section 14B of the Employees' Provident Fund Act must provide detailed reasoning and proper calculation...

Breaking | Calcutta High Court Lifts Stay On Recruitment Of Civil Judge Candidates Who Qualified WBJS Exam 2022, Dismisses Pleas Challenging Process

In a breaking development, the Calcutta High Court has lifted the stay order on the recruitment of civil judges who qualified the West Bengal Judicial Services Exam, 2022.Justice Arindam Mukherjee dismissed multiple pleas which had challenged the conduct of the exams.Due to the pendency of the matter, the process of recruitment had been stayed by the High Court, and as a result, no civil...

Tendering Authority Is Best Judge To Decide T&C Of Tender, Judicial Interference Permissible Only When Terms Are Arbitrary: Calcutta HC

The Calcutta High Court bench of Chief Justice T.S. Sivagnanam and Justice Chaitali Chatterjee (Das) has held that tender issuing authority is the best judge to decide terms and conditions of a tender. Such terms and conditions cannot be tinkered with by the Judicial Authority unless they are found to be arbitrary or whimsical. Brief Facts: A writ petition was filed by...

Writ Petition Is Not Maintainable When Effective And Efficacious Remedy In Form Of Arbitration Is Available: Calcutta High Court

The Calcutta High Court Bench of Chief Justice T.S. Sivagnanam and Justice Hiranmay Bhattacharyya held that it cannot entertain a writ petition if an effective and efficacious remedy, in the form of arbitration, is available. It said that the High Court would normally exercise its jurisdiction in 3 contingencies namely (i) when the writ petition was filed for enforcement of any...

Loss Of Profit In Works Contracts Can Be Awarded Upon Illegal Termination, Even In Absence Of Direct Proof: Calcutta High Court

The Calcutta High Court division bench of Justice Soumen Sen and Justice Biswaroop Chowdhury has held that once a contractor establishes an illegal and unjustified termination of the contract by the employer, there is no need to prove the actual loss suffered. A reasonable expectation of profit is implicit in a works contract, and compensation must be awarded accordingly. The...

Determination Of Employment Status Is A Mixed Question Of Law And Fact; Requires Adjudication By Industrial Tribunal: Calcutta HC

Calcutta High Court: A Single Judge Bench of Justice Shampa Dutt (Paul) dismissed the writ petition filed by the Indian Institute of Management Calcutta (IIMC). The bench held that an Industrial Tribunal is the right forum to determine if IIMC was the principal employer. It further held that mere denial by IIMC was not sufficient to preclude a reference under the Industrial Disputes...

Calcutta High Court Monthly Digest: February 2025

NOMINAL INDEXChaitali Roy (Mandal) v. State of West Bengal & Ors. Citation: 2025 LiveLaw (Cal) 21ASSOCITATION FOR PROTECTION OF DEMOCRATIC RIGHTS(APDR) AND ANR VS STATE OF WEST BENGAL AND ORS Citation: 2025 LiveLaw (Cal) 22Dilip Kumar Choudhury & Ors. v. The Regional Provident Fund Commissioner, Durgapur, EPFO & Ors. Citation: 2025 LiveLaw (Cal) 23THE DIRECTOR GENERAL,...

Threshold To Prove Fraud & Corruption In Arbitral Award Is Much Higher Than Merely Criticising Findings Of Arbitrator: Calcutta High Court

The Calcutta High Court bench of Justice Shampa Sarkar has observed that in order to prove that the making of the award was vitiated by fraud, the petitioner would have to demonstrate that the unethical behaviour of the arbitrator surpassed all moral standards. The Court reiterated that an honest mistake or incorrect appreciation of the terms of the contract cannot be either fraud...

Arbitration Agreement Valid Without Specifying 'Applicable Law', 'Seat' Or 'Venue' If Intent To Refer Dispute To Private Tribunal Is Clear: Calcutta HC

The Calcutta High Court bench of Justice Shampa Sarkar has held that for an arbitration agreement to be binding, neither the applicable law nor the seat or venue needs to be mentioned. As long as the clause indicates that the parties had agreed and there was a meeting of minds to refer any dispute to a private tribunal for adjudication of the disputes, the clause would constitute...

Centre Clears 3 Out Of 5 Names Recommended By SC Collegium For Calcutta High Court Judgeship

The Central government on Saturday cleared the appointment of three lawyers as additional judges to the Calcutta High Court.They are : Smita Das De; Reetobroto Kumar Mitra; and Om Narayan Rai.They are among the five names recommended by the Supreme Court collegium on February 28. The Centre is yet to clear the names of other two names, Md Talay Masood Siddiqui and Krishnaraj...

[Arbitration Act] To Prove Corruption Of The Arbitrator, It Should Be Evident From The Award Itself That He Tried To Curb The Course Of Justice

The Calcutta High Court Bench of Justice Shampa Sarkar has observed that if the subject matter of the arbitral proceedings or making of the award was affected or induced by fraud or corruption, then an unconditional stay of award can be granted. However, such corruption must be prima facie evident from the award itself and an honest mistake or erroneous application of law by...

'Legal Fight Between Guv & CM Not Desirable': Calcutta High Court Asks Mamata Banerjee & Ananda Bose To Amicably Settle Defamation Case

In the defamation case filed by West Bengal governor CV Ananda Bose against Chief Minister Mamata Banerjee over allegedly defamatory remarks, a Calcutta High Court bench of Justice Krishna Rao has suggested the parties to amicably settle the dispute since a "legal tussle" between the Governor and Chief Minister before the High Court would not be desirable."Governor and Chief Minister...

Organisation Once Declared As A Minority Institution Always Retains Its Minority Status: Calcutta High Court

The Calcutta High Court has held that once an organisation has been accorded minority status, it would continue to be recognised as a minority institution and would not be expected to routinely approach the state authorities to retain such status.The matter, challenging the status of a minority school, came up for hearing before a division bench of Chief Justice TS Sivagnanam and Justice...

Original Side Rules On Accepting Counterclaim & Reply Need Amending Due To Rigidity Of S.18 Of Commercial Courts Act: Calcutta HC Frames Guidelines

The Calcutta High Court has held that the court's original side rules on accepting of plaint and counterclaim need to be amended due to the rigidity of Section 18 of the Commercial Courts act. In doing so, the bench of Justices Soumen Sen and Biswaroop Chowdhury also framed guidelines for the same till the amended rules were implemented. The Court held: In view of the stringent provisions in...

'Don't Want Bangladesh-Like Situation': Calcutta High Court Directs State To Manage Student Unrest Amidst Violent Clashes At Jadavpur University

The Calcutta High Court has expressed concern over the recent unrest that took place at Jadavpur University due to clashes between protesting students and Education Minister Bratya Basu's convoy. Justice Tirthankar Ghosh expressed concerns over the issue being caused either by an intelligence failure by the police or by the defiance of such intelligence reports by the minister. He directed...

Calcutta High Court Calls For State's Report On Jadavpur Univ Campus Unrest Involving Education Minister's Convoy, Questions Police Inaction

The Calcutta High Court on Wednesday questioned the police over its inability to act during violent clashes which took place between Education Minister Bratya Basu's convoy and protesting students from Jadavpur University.Reportedly, the clashes left several students injured, one of whom was also seen being crushed under the Education Minister's convoy vehicle during the melee. The...

Long-Term Casual Workers Performing Essential Duties Are Entitled To Regularization, Reduction In Workload Not Valid Ground To Deny It : Calcutta HC

The Calcutta High Court comprising of Justice Shampa Dutt (Paul) held that long-term casual workers performing essential duties are entitled to regularization, and a reduction in workload is not a valid ground to deny it. Background Facts The petitioner (Indian Oil Corporation Ltd.) supplied fuel against consideration to the aircrafts of various companies at the Aviation Fuel...

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...