Amitava Lala, J. - (1.) In this writ petition award of the learned Judge, Third Industrial Tribunal, West Bengal dated 29th August, 2003 has been challenged by the employer. Such award was published by an office order of the Deputy Secretary, Government of West Bengal dated 10th September, 2003. The issues before the Tribunal were as follows : (1) Whether the termination of service of Shri Subir Guhathakurta w.e.f. 19.09.96 is justified? (2) To what relief, if any, is he entitled?
(2.) From the penultimate paragraph of the judgment in support of the award I find that the learned Judge held that the respondent No. 3/employee is able to establish his case and on the other hand the employer has failed to discharge its onus that the employee was working in managerial or supervisory capacity in the company. It has been decided that the employee is entitled to all reliefs claimed. He is entitled to be reinstated in service with full back wages and other consequential benefits from the date of termination.
(3.) Therefore, it is apparent that a preliminary issue arose as to whether the employee comes within the definition of workmen of the Industrial Disputes Act, 1947 or whether he was holding the post of managerial nature or not additionally with the dispute as regards merit. It is reflected from the judgment of the Third Industrial Tribunal that no issue was settled about such preliminary point. However, power of the Industrial Tribunal in this State under Rule 20D of the West Bengal Industrial Disputes Rules, 1958 can be applied in considering such preliminary point as incidental or additional or subsidiary issue without enlarging the scope of the points referred for adjudication on the merits and also without adding any number. Hence no mistake has been committed by the learned Judge in considering such issue.;