- (1.) Very fine points of law are involved in this application.
(2.) Under section 14 of the West Bengal Shops and Establishments Act, 1963, any question with regard to nonpayment or short payment of wages is referred to a Referee.
(3.) Tapabrata Sinha, an employee with Millennium Commodities Pvt. Ltd, on 10th June, 2014 made an application before the Referee. He is the private respondent in this writ preferred by the employer. He alleged that his wages amounting to Rs. 7,37,955/- were not paid between February, 2012 to May 2014. He also claimed compensation amounting to Rs. 52,900/-. The employer company filed before the Referee what was described as a preliminary objection. They said that when the private respondent was confronted by them with the allegation of misappropriation of money from the establishment, he stopped coming to the office on and from 1st September, 2012. His wages till 31st August, 2012 have been paid by the organisation. The employer levelled very serious allegations of dishonesty, breach of trust, theft, misappropriation etc. against the private respondent. They say that they have a counter claim against him.;