- (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 July 7, 1964, and also to forbear from entertaining an application being application No. 67 of 1964 and for quashing the said order.
(2.) THE petitioners' business consists in the manufacture and sale of cigarettes at its factory at Agarpara, in the district of 24-Parganas. The respondent No. 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 is alleged that on the night of December 29, 1961, the respondent No. 2 was found sleeping at about 10-50 p. m. Thereupon he was charged by the petitioner with misconduct, and after an enquiry had been held, the respondent No. 2 was dismissed by the petitioner on or about january 6, 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 April 17, 1962, made an application under s. 33 (2) (b) of the Industrial Disputes act 1947, for approval of the action taken by it in dismissing the respondent No. 2.
(3.) THE case was thereafter transferred to the Second Labour Court and this Court, by on order dated November 26, 1963, refused to accord approval to the petitioners' order dismissing the respondent No. 2. The petitioners' case is that the respondent No, 2 did not present himself for work at the petitioners' factory until April 20, 1964, on which date the petitioners took the respondent no. 2 back to this employment.;