- (1.) An Award passed by the learned judge of the 2nd Labour Court Kolkata allowing the application under Section 10(1B)(D) of the Industrial Disputes Act is under challenge in this writ petition.
(2.) By the said Award the court below had declared that the petitioner was entitled to get reinstatement in service with only 50 per cent. back wages accrued in his favour from July 4, 2005 till his actual restatement. The order of termination has been set aside and the management of the writ petitioner company herein was directed to reinstate the applicant within a period of 60 days from the passing of the Award.
(3.) The short facts leading to passing of the Award is that the petitioner is a pharmaceutical company where the respondent no. 3 was appointed as a Medical Service Representative on November 8, 1993. Subsequently he was promoted to the post of District Manager. The agreements that were reached between the petitioner company as well as the respondent no. 3 inter alia provided that any dispute in relation to the termination of service of the petitioner was to be adjudicated upon in a forum within the territorial jurisdiction of Delhi. In other words, the respondent no. 3 had agreed to the ouster of territorial jurisdiction of other courts.;