M. M. Dutt, J. - (1.) The appellant Subrata Majumdar has, in this appeal, challenged the propriety of the judgment of Ramendra Mohan Dutta, J., whereby the learned Judge discharged the Rule Nisi issued on the application of the appellant under . 226 of the Constitution.
(2.) The appellant was employed in the office of the respondent firm, M/s. Modern Malleable Casting Works having its office at No. 207, Maharshi Debendra Road, Calcutta. The appellant's service was terminated by the firm with effect from Oct. 31, 1968. It appears that there was a reference by the State of West Bengal under Section 10 of the Industrial Disputes Act to the Third Industrial Tribunal for the adjudication of the dispute contained in the following issue:- "Whether the termination of service of Sri Subrata Majumdar with effect from 31-10-68 is justified? To what relief, if any, he is entitled -
(3.) Before the Tribunal both the parties filed their written statements. In para 22 of the written statement, the respondent firm inter alia alleged that due to labour trouble in the factory of the firm at 42, Gaushalla Road, Laluah, Howrah production came down to the lowest level and as a result, the factory was practically closed down since October, 1967. Thus, it appears that the case of the firm was that the factory was practically closed down and, as such, the appellant's services were terminated. Further, it was the case of the firm that the appellant was not a workman and, accordingly, he was not entitled to any relief under the provisions of the I. D. Act.;