- (1.) The petitioner has assailed the award passed by the First Labour Court, Kolkata whereby and whereunder the order of termination was declared to be arbitrary and unjust and the petitioner was directed to pay full back wages with all consequential benefits from the date of termination till the date of superannuation in W.P. 27330 (W) of 2013. The subject matter of W.P. 7063 (W) of 2012 is an order, No. 63 dated 20th July 2009, passed by the First Labour Court, deciding the issues numbers 1, 2 and 3 separately keeping the other issue to be decided later on.
(2.) The fact emerges from the respective pleadings is that the private respondent was issued a show cause notice as to why he should not be terminated from service. A domestic enquiry was conducted which culminated into dismissal of the private respondent from service. The private respondent approached Assistant Deputy Labour Commissioner, Government of West Bengal by filing a representation dated 23rd October, 2000. While the matter was under consideration before the Conciliation Officer, i.e. the Assistant Deputy Labour Commissioner, an application was made on 24th November 2000 for issuance of a certificate. The Conciliation Officer, on 5th December 2000, issued the Certificate of pendency of the conciliation proceedings. An application is made before the Labour Court under section 10(IB)(d) of the Industrial Disputes Act. The petitioner filed a written statement in the said proceeding and subsequently submitted suggested issued before the First Labour Court, West Bengal. On the basis of the suggested issues by the respective parties the Court framed the issues. Subsequently, the Court thought that issues Nos. 1, 2 and 3 should be decided in segregation to the other issue. It would be profitable to quote the issues framed by the Labour Court which are as follows: 1. Is the application maintainable in law? 2. Is the Certificate issued by the Conciliation Officer under Clause (a) sub-section 1(B) of section 10, I.D. Act in conformity with the provisions of law? 3. Is the result of the domestic enquiry binding upon the employee? 4. Is the employee entitled to get relief? If so, what relief he is entitled to?
(3.) Simultaneously, the Labour Court directed the issues Nos. 1, 2 and 3 to be taken up as preliminary issues as it relates to the point of domestic enquiry.;