M/S. ALLENS INDIA LTD. AND ANR. Vs. IST INDUSTRIAL TRIBUNAL AT WEST BENGAL, CALCUTTA AND ANR.
LAWS(CAL)-2005-12-74
HIGH COURT OF CALCUTTA
Decided on December 06,2005

M/s. Allen's India Ltd. and Anr. Appellant
VERSUS
Ist Industrial Tribunal at West Bengal, Calcutta and Anr. Respondents

JUDGEMENT

Jyotirmay Bhattacharya, J. - (1.) On a reference on the issue regarding the legality of the termination of the service of the respondent No. 2, an industrial dispute case being Case No. VIII-190/01 was initiated before the learned Judge, Ist Industrial Tribunal, West Bengal.
(2.) In connection with the said proceeding, the respondent No. 2 filed an application praying for interim relief under section 15(2)(b) of the Industrial Disputes Act, 1947.
(3.) An objection was raised by the writ petitioner regarding the status of the respondent No. 2 as that of a workman in connection with the said proceeding. While disposing of the said interlocutory application, the learned Judge of the Tribunal held that the petitioner is not a workman within the meaning of Section 2(s) of the Industrial Disputes Act and as such, he is not entitled to any interim relief under section 15(2)(b) of the said Act. Thus, the prayer for interim relief which was made by the respondent No. 2 was rejected by the learned Judge of the said Tribunal.;


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