AMITAVA LALA, J. - (1.) In this writ petition the employer company (hereinafter called as 'Management') challenged the order of reference issued by the Government of West Bengal (Labour Department) Kolkata on 16th December, 2002. The issues are as follows: "1) Whether the discharge of Sri Asok Chatterjee from his service by the MJT of Mapra Laboratories (P) Ltd. is justified? 2) What relief, if any, is he entitled to?"
(2.) The management has its office at Mumbai, Maharashtra. Order of reference made by the State showing local office of the management at Kolkata. Following two disputes arose in between the workman and the management.
(3.) The contention of Mr. R. M. Chatterjee, Learned Counsel is that the Government of appearing for the writ petitioner is that the Government of West Bengal is not but the Government of Maharashtra is the appropriate Government under Section 2(a)(ii) of the Industrial Disputes Act. When Clause (i) therein deals with Central Government and/or Instrumentality under It, clause (11) deals with Industrial dispute in relation to State Government. Section 2(d) and 2(e) speak about the 'Conciliation Officer' and 'conciliation proceedings'. Section 4 speaks about appointment of conciliation officer/s by the appropriate Government. As per Section 11(6) of the Act all Conciliation officers are the members of the Board or Court and the presiding Officers of a Labour Court, Tribunal or National Tribunal shall be deemed to be the public servants within the meaning of Section 21 of the Indian Penal Code. As per Section 12(4) the conciliation officer will furnish a report before an appropriate Government if no such settlement is arrived. In view of such Section (5) if the appropriate Government is satisfied in considering the report that there is a case of reference to the Board, Court, Tribunal etc. It may make such reference. Where the appropriate Government does not make such a reference it shall record and communicate to the parties concerned its reasons thereof. Conciliation was commenced on the date of reference as per Section 20 of Act. Section 10 says reference of disputes to the Boards, Courts or Tribunals can be made where the appropriate Government is of the opinion that an industrial dispute exists or is apprehended. There is no doubt that dismissal of an individual workman can be considered as an industrial dispute as per Section 2A of the Act which includes discharge, dismissal, .retrenchment and otherwise termination of the service of an industrial workman. There, the industrial dispute raised as per such sections about discharge of the particular workman. The service contract provides forum selection clause which says about Bombay jurisdiction, Therefore, the question remains whether the State Government is the appropriate Government or not. This is very important point to be determined that as per: Section 18 of the Act if any award is passed by the Tribunal will become enforceable upon all the parties to the dispute. Therefore, if the reference becomes-, bad or the Government is not appropriate, then the dispute which has been adjudicated by the Tribunal and/or an award passed will be nullity.;