- (1.) THE petitioners (the second petitioner is a director of the first petitioner) in this writ petition dated August 20th, 1991 are questioning the order of the second respondent (The Second Industrial Tribunal, west Bengal) dated March 26th, 1991 rejecting two applications dated August 19th, 1989 - one of the first petitioner and the other of one M/s. Swaika Oil mills (a Hindu Undivided Family) - both filed for setting aside the ex parte award pronounced by the Tribunal on June 12th, 1989.
(2.) M/s. Swaika Oil Mills was not a party in the writ petition. It took out an application dated July 13th, 2006 for its addition in the case as a respondent. It has filed a supplementary affidavit stating that it has no intention of questioning the award, if it is added in the case as a respondent. That application is pending. I think on the facts I am going to narrate presently it will be appropriate to add swaika Oil Mills as a respondent in the writ petition. Hence I dispose of its application (CAN No. 5158 of 2006) ordering that it shall be deemed to be added in the writ petition as the fourth respondent. Advocates for the parties and the department concerned are directed to amend the cause papers within a fortnight from the date the records are sent down from the Court.
(3.) THE third respondent joined Swaika Vanaspati as a clerk in 1970. On march 2nd, 1979 Swaika Vanaspati transferred him to Swaika Oil Mills with immediate effect. By letter dated March 4th, 1979 he protested against the order of transfer. He said that he would report for duty in Swaika Oil Mills without prejudice to his rights and contentions. He also approached the Assistant Labour commissioner concerned. By a letter dated March 6th, 1979 Swaika Vanaspati informed him that the transfer was made bona fide and in the interest of his career. By a letter dated March 16th, 1979 he informed the authorities of Swaika vanaspati that he had reported for duty in Swaika Oil Mills. While working in swaika Oil Mills he received a telegram that his wife was seriously ill and prayed for leave of absence for the period from April 3rd, 1980 to May 22nd, 1980. He reported back for duty in Swaika Oil Mills on May 23rd, 1980, but was not allowed to join duty. He brought the matter to the notice of Swaika Vanaspati asking it to allow him to join duty at his original place of posting. Since nothing was done, he approached the Assistant Labour Commissioner on June 11th, 1980. The conciliation proceedings ended in a failure report. Consequently the government of West Bengal referred the dispute to the Tribunal by order dated march 24th, 1981. The issue referred was: "whether termination of service of sri Tej Pratap Singh is justified? To what relief, if any, is he entitled?" It was mentioned in the order of reference that an industrial dispute was in existence between Swaika Vanaspati, Swaika Oil Mills, and their workman, the third respondent.;