ARIJIT BANERJEE, J. - (1.) In this writ application the petitioner company challenges an order of reference dated 15 March, 2005 made by the Government of West Bengal of an industrial dispute between the petitioner and 19 of its workman in exercise of power under Section 10 of the Industrial Disputes Act, 1947 (in short the 'ID Act'). The short contention of the petitioner is that no industrial dispute within the meaning of the ID Act exists and hence the reference is incompetent and without jurisdiction.
(2.) Between 12 December, 2001 and 29 December, 2001, 19 employees of the petitioner were served with charge sheets containing allegations of various acts of misconduct. They were placed under suspension with effect from the respective dates of the charge sheets. A dispute regarding suspension of the said workmen was raised by the respondent nos. 3 and 4 unions. A conciliation proceeding was initiated and ultimately by an order dated 15 March, 2005, the Government of West Bengal referred the following disputes for adjudication before the respondent no. 1 Tribunal : 'Whether the suspension of Shri Rajesh Sharma and 18 others (vide list enclosed) from the services by the management with effect from the date mentioned against each in the list is justified ? What relief are the workmen entitled to ?' Contention of the petitioner :-
(3.) Mr. Ranjay De, Learned Counsel appearing on behalf of the petitioner submitted that an order of suspension pending domestic enquiries is purely a contingent measure and not a punishment and has not amenable to judicial review. The suspension orders were passed pending enquiry/disciplinary action in terms of Rule 29 III (A) of the Service Condition/Rules of Peerless Hotels Limited. The said Rule reads as follows :- "Suspension pending disciplinary action : A workman against whom the disciplinary action is proposed to be taken and/or when a police enquiry is going on against a workman, he may be suspended from work. Such suspension may be at any time either before issuance of Show Cause Notice/charge sheet or simultaneously with the Shoe Cause Notice/charge sheet or later depending upon the circumstances. Such suspension pending show cause notice/charge sheet/enquiry etc., will not be treated as a substantive punishment. The suspension and subsistence allowance for such suspension will be governed according to the provision of the West Bengal Payment of Subsistence Allowance Act." ;