- (1.) This appeal is directed against a judgment and/or order dated April 25, 2003 in a writ petition being W.P. No. 1372/1999. The said writ petition was filed by the appellant, the employer herein, challenging the validity and/or legality of the order passed by the learned Tribunal in respect of the workman who was considered by the learned Tribunal, as 'Protected workman'.
(2.) The learned Tribunal held that the employer is guilty of doing unfair labour practice within the meaning of the 5th Schedule of the Industrial Disputes Act for which the employer can be penalized under the provisions of the Industrial Disputes Act. The Hon'ble Single Judge after hearing the parties dismissed the writ petition on the ground that there is no infirmity and/or irregularity in respect of the order passed by the learned Tribunal and the Court did not interfere with the said order and dismissed the writ petition.
(3.) The facts of the case briefly are as follows: The Government of West Bengal, Labour Department, referred one industrial dispute for, adjudication by the First Industrial Tribunal vide Order No. 1648 - IR dated December 15, 1998 under Section 10 of the Industrial Disputes Act. The said reference is still pending for adjudication. During pendency of the said reference, the respondent No. 2, Sri Arani Mukhopadhyay along with one fellow employer, Sri Santosh Kumar Das, were dismissed by the Statesman Limited. Sri Arani Mukhopadhyay is the Vice-President of the Statesman Clerical Staff Union whereas Sri Santosh Kumar Das is the President of the said Union.;