RAMESH TRADERS Vs. STATE OF WEST BENGAL
LAWS(CAL)-1975-1-35
HIGH COURT OF CALCUTTA
Decided on January 14,1975

RAMESH TRADERS Appellant
VERSUS
STATE OF WEST BENGAL Respondents


Referred Judgements :-

DHENKANAL MUNICIPALITY,DHENKANAL V/S. THE PRESIDING OFFICER,INDUSTRIAL TRIBUNAL,ORISSA,BHUBANESWAR [REFERRED]


JUDGEMENT

- (1.)On 29th of May, 1971, the Government of West Bengal, Labour Department by an order under Section 10 read with Section 2-A of the Industrial Disputes Act, 1947 referred a dispute between the present petitioners and their workman Nand Kishore Kalawatia represented by Employee's Association for adjudication. The sole issue was whether the termination of employment of the said Nand Kishore Kalawatia was justified and what relief if any, he was entitled ? On 14th of November. 1973. the First Labour Court, West Bengal passed an ex parte award in favour of the said workman and sent communication to the Labour Department of the Government of West Bengal. On 24th of December, 1973, the petitioner filed the present petition before the First Labour Court for restoration of the matter. The workman had opposed the said restoration application. The First Labour Court by its impugned order dated 6th of March, 1974 had refused to entertain the said application of the petitioner company for setting aside the ex parte award and accordingly rejected the application.
(2.)In my view, the impugned order of the First Labour Court does not suffer from any error of jurisdiction warranting interference by this Court under Article 226 of the Constitution of India. It is not disputed that the First Labour Court had served notices on both parties for appearance in the above industrial dispute referred to it. The petitioner company was granted time by the Labour Court for filing written statement vide Order No. 3 dated 17th of September, 1971. The company was granted time by the next Order No. 4 dated 4th of October, 1971, for filing written statement.
(3.)The petitioner company, instead of filing written statement, had filed a petition challenging the validity of the reference. The First Labour Court by its order dated 20th of December, 1971, recorded the submissions made on behalf of the company that in the absence of the certified copy of the judgment of Sankar Prasad Mitra, J. as he then was, the petitioner was not in a position to proceed with the hearing of the case on the preliminary point. The Labour Court had fixed 5th of February, 1972. for hearing on the preliminary issue. The Labour Court further recorded that in order to safeguard that the case did not get delayed, the petitioner company be directed to file written statement on merits by 19th of January, 1972. The Labour Court recorded that the company had concurrence to the same.


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