SURENDRA MOHAN MITRA Vs. REPUBLIC ENGINEERING CORPORATION LTD
LAWS(CAL)-1970-5-14
HIGH COURT OF CALCUTTA
Decided on May 12,1970

SURENDRA MOHAN MITRA Appellant
VERSUS
REPUBLIC ENGINEERING CORPORATION LTD. Respondents

JUDGEMENT

A.K.Mookerji, J. - (1.) This rule was obtained by workmen on an application under Article 227 of the Constitution and it is directed against an award of the Third Industrial Tribunal, Calcutta.
(2.) The petitioners were workmen under the Opposite Party, M/s. Republic Engineering Corporation Limited. The workshop of the Company was within the jurisdiction of Behala Police Station. The petitioners were arrested on July 18, 1964 by the police under the Defence of India Rules. On the next day, however, they came out on bail, on condition, that they would not enter into any part of the area within the jurisdiction of Behaia Police Station. On 17th of February, 1964, the petitioners were charge-sheet-ed by the management on the ground that they were absenting themselves from work. There was a domestic enquiry against the petitioners and ultimately they were dismissed from the service with effect from the 16th June, 1964. A written demand for reinstatement was made on the 17th Tune, 1966 to the management against illegal dismissal of the petitioners. But it was without any result Subsequently, on the 5th November, 1966, a conciliation proceeding was started af the instance of the Labour Department, Government of West Bengal. Unfortunately the (sic) failed By an order dated the 10th April, 1967, the appropriate Gov-ernment referred the matter to the First Industrial Tribunal for adjudication under Section 10 read with Section 2A of the Industrial Disputes Act, 19-17 (hereinafter referred to as the Act). The : matter was thereafter transferred to the Third Industrial Tribunal by an order of the Government of West Bengal, Labour Department dated the 10th July, 1967, for adjudication.
(3.) oH the 18th September, 1968 the case was taken up tor hearing by the Third Industrial Tribunal. One of the petitioners was examined. Some documents also were produced and exhibited. The hearing of the case was adjourned till the 10th of December, 1968. On the 9th of December, 1908 the opposite party company filed a petition challenging the jurisdiction of the Tribunal. The said petition was heard on the 10th of December, 1968. The Tribunal held that it had no jurisdiction to adjudicate the matter because the dispute was not an "industrial dispute" as Section 2A of the Act has got no retrospective operation and passed an award accordingly. The petitioners being aggrieved, moved this Court against the said award and obtained the present rule.;


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