GAGALBHAI JUTE MILLS Vs. STATE OF WEST BENGAL
LAWS(CAL)-1976-3-44
HIGH COURT OF CALCUTTA
Decided on March 29,1976

Gagalbhai Jute Mills Appellant
VERSUS
STATE OF WEST BENGAL Respondents




JUDGEMENT

R.M. Datta, J. - (1.)This Rule was directed on the application of the Petitioner Gagalbhai Jute Mills Division of Mafatlal Gagalbhai and Company Pvt. Ltd., inter alia, against the Second Industrial Tribunal, West Bengal, calling upon the Respondents to show cause why a writ in the nature of mandamus, certiorari and prohibition should not be issued in respect of the order of the Second Industrial Tribunal dated March 18, 1972, An ad interim order was also passed restraining the Respondents from taking any step on the basis of the said order.
(2.)The facts shortly are that the Petitioner company has a jute mill under the name of Gagalbhai Jute Mills at Howrah. The Petitioner has an office at Himalaya House at No. 38 Chowringhee Road, Calcutta -16. The Respondent No. 4, one V.P. Kothari, was an employee in the office of the Petitioner at the said Himalaya House. On or about December 1, 1970, there was an altercation between Kothari and the Chief Executive Officer. This led to the loss of confidence in him by the company and his services were terminated with effect from December 2, 1970 with the offer of payment of one month's salary in lieu of notice.
(3.)The Petitioner's case is that the workman did not make any common cause with the cause of the Respondent No. 3 and as such, no industrial dispute was raised and/or pursued by or on behalf of the workmen of the Petitioner company. The Petitioner's further case is that after the termination of his services the Respondent No. 4 Kodiari submitted a back dated pretended application for membership of a trade union named Commercial Employees' Union (Calcutta). The Petitioner believed that he was not validly enrolled as a member of the said union before the date of termination of his service by the Petitioner company. None of the 24 employees excepting Kothari was a member of the said union.
;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.