- (1.) An interim application filed under section 15(2)(b) of the Industrial Disputes Act, 1947 at the instance of the workman stands allowed by the Second Labour Court, Kolkata, which is impugned in this writ petition. The petitioner never took a stand that the interim application is not maintainable, but raises a dispute as to the maintainability of the proceedings on the basis of the pendency certificate issued by the Conciliation Officer to be non-maintainable because the Conciliation Officer did not held any investigation required under Rule 12A of the West Bengal Industrial Disputes Rules, 1958.
(2.) Before proceeding to decide the point canvassed by the respective advocates, it would be pertinent to record the salient facts of the instant writ petition. The respondent No. 3 was an employee of the petitioner and was working as Assistant Compounder at the Wholesale section. The complaint was made against the said respondent alleging the commission of misconduct for which a show-cause notice was issued. Subsequently charge-sheet was also issued upon the said respondent and he was kept under suspension. A domestic enquiry was held and the petitioner was imposed penalty of dismissal from service. Thereafter an application under section 33(2)(b) of the Industrial Disputes Act, 1947 was filed by the petitioner company before the Joint Labour Commissioner, Government of West Bengal for granting approval to the said order.
(3.) By an order dated October 22, 2008 the said Joint Labour Commissioner accorded the approval of the said respondent's dismissal from service. Subsequently the said respondent raised an industrial dispute against the alleged termination from service and the matter went before the Conciliation Officer.;