Murari Mohan Dutt, J. - (1.) This appeal has been preferred by the appellant, Samarjit Ghosh, against the judgment of P.K. Banerjee, J. whereby the learned Judge made absolute the application of the respondent, Bennett Coleman and Company Limited, hereinafter referred to as the Company, under Article 226 of the Constitution.
(2.) The Company is a Newspaper Establishment engaged in the publication and sale of newspapers, magazines, etc. Its registered office is situate in Bombay and its press at 105/7A. S. N. Banerjee Road, Calcutta-14. The Sales Office of the Company is situate at 13/1 and 13/2, Government Place (East), Calcutta-69. The appellant, Samarjit Ghosh, was appointed a staff correspondent on and from November 1. 1961 in the Calcutta Office of the Company by virtue of the letter of appointment dated November 9. 1961 issued by the Company from its registered office at Bombay. The appellant was later on promoted to the post of Industrial Correspondent, Pune and was transferred from Calcutta to Pune in the State of Maharashtra with effect from 16th Feb.. 1976. After his transfer on promotion to Pune, the appellant used to receive all his remuneration including salary from the Pune Office of the Company and he was under the direct control and supervision of the registered office of the Company situate in Bombay. Both Bombay and Pune are situate within the limits of the State of Maharashtra.
(3.) It appears that about one year and a half after the appellant was transferred from Calcutta to Pune in the State of Maharashtra, the Government of West Bengal made a reference dated August 23, 1977 under sub-section (2) of Section 17 of t,he Working Journalists (Conditions of Service) and Miscellaneous Provisions Act, 1955 hereinafter referred to as the Act, for the adjudication by the First Labour Court the following questions:- "Whether the management is justified- (i) in fixing the pay of Shri Samarjit Ghosh in a new scale other than what was indicated by the Wage Board, and at the same time enforcing the dearness allowance scheme recommended by the said Board; (ii) in not protecting the higher total wages rates of wages available to Shri Samarjit Ghosh under the Company's conditions of service prior to recommendations of the Wage Board To what relief, if any, is he entitled -;