- (1.) The award passed by the first industrial tribunal on 14th December, 2012 in reference case no.VIII-221/2001 is the subject matter of the challenge in this writ petition.
(2.) Once Sri Prabal Chakraborty was in the employment of M/s. ICI Ltd. on and from 25th May, 1992. He was the executive committee member of the trade union namely, Sangrami Shramik Karmachari Union of ICI India Ltd., Rishra works (hereinafter refer to as "SSK Union"). On 28th April, 2000 four unions including SSK Union were holding gate demonstration outside gate No.14 of the Rishra factory since morning. According to the workman four unions along with the members and employees of SSK Union were holding gate demonstration in view of the failure on the part of the management to resolve long pending issues.
(3.) The management contended that on the relevant date on 28th April, 2000 around 7.20 a.m. the said workman along with a group of employees and outsiders wrongfully detained Sri S. Choubey, Site and Services Manager of Rishra Works of the Company and also detained three other managers, namely, Sri S Mukherjee, Sri P.K. Lakhsman and Sri P.K. Ghosh near gate No.14 of the factory and thereby prevented them from entering their factory to discharge their duties in general shift. The said employees were travelling in two Maruti cars and they were detained outside the gate for more than ten hours. On the same day at about 4.40 p.m. it is alleged that Sri Prabal Chakraborty incited and led the crowd to physically assault Sri S. Choubey by first hitting him with blows and the same action was thereafter followed by the other men who also started assaulting Sri Choubey with blows, stones and bricks. The women demonstrators alleged to have assaulted Sri Choubey with broomsticks. The workman along with the other agitators hurled abusive language and threatened Sri Choubey with dire consequences. Ultimately, three of them were rescued by the police and thereafter the company lodged an FIR on the same day. Sri Choubey attended the medical center of the company where he was treated by the doctor.;