B.C.MITRA, J. - (1.) IN this application the petitioner seeks appropriate writs and order prohibiting the respondents from enforcing, giving effect to and acting upon an order dated 7 July 1964, and also to forbear from entertaining an application being Application No. 67 of 1964 and for quashing the said order.
(2.) THE petitioner's business consists in the manufacture and sale of cigarettes at its factory at Agarpara, in the district of 24 -Parganaa. Respondent 2 was, until he was dismissed, as hereinafter mentioned, an employee of the petitioner at the said factory as a member of the watch and ward staff. It la alleged that on the night of 29 December 1961, respondent 2 was found Bleeping at about 10 -50 p.m. Thereupon he was charged by the petitioner with misconduct, and after an enquiry had been held, respondent 2 was dismissed by the petitioner on or about 6 January 1962. As at the date of the dismissal proceedings were pending before First Industrial Tribunal, under a reference relating to an industrial dispute, the petitioner on or about 17 April 1962, made an application under Section 33(2)(6) of the Industrial Disputes Act, 1947, for approval of the action taken by it In dismissing respondent 2. The case was thereafter transferred to the second labour court and this Court, by an order dated 26 November 1963, refused to accord approval to the petitioner's order dismissing respondent 2. The petitioner's case is that respondent 2 did not present himself for work at the petitioner's factory until 20 April 1964, on which date the petitioner took respondent 2 back to this employment.
(3.) ON 15 April 1964, respondent 2 made an application under the Payment of Wages Act, 1936 (hereinafter referred to as the Act), to respondent 2 who la the authority under the said Act. In this application respondent 2 made a claim for Rs. 2.067.21 for wages from December 1961 to March 1964, and Rs. 10 by way of compensation. Respondent 2 further prayed for condonation of the delay in making the application on the ground that the cause of action arose on 27 November 1963, when the petitioner's said application was rejected by the second labour court.;