SHIVAKANT PRASAD,J. - (1.) The Court : An affidavit has been filed by Mr. Sanatan Pramanik, the Deputy Labour Commissioner, Government of West Bengal, who is presently dealing the conciliation file bearing no.23/16, wherein summons had been issued to the writ petitioners, namely Mr. Ambar Bhan Batra, Mr. Surjya Kar, Mr. Goutam Sadhan Bose and Mr. K.K. Biswas by the then Deputy Labour Commissioner, Mr. Heeralal Roy, for enforcing the attendance of the writ petitioners who were not in possession of the records of the employer. In fact, the writ petitioner no.1, Mr. Goutam Sadhan Bose, the Ex-President of Calcutta Club, who, in response of the summons had informed the said Deputy Labour Commissioner, Mr. Heeralal Roy, that the writ petitioners were not the persons authorised either to enter into the conciliation proceeding nor were the records lying with the writ petitioners and that the records were only lying in possession of the present Chief Executive Officer of the Calcutta Club Ltd.
(2.) Yet, in spite thereof, the writ petitioners were being forced to attend the conciliation proceedings by issuance of summons at their residential as well as Club addresses in exercise of powers under section 11A of the Industrial Disputes Act, which action of the conciliation officer was challenged before this Hon'ble Court by the writ petitioners as being mala fide exercise done by the said officer Mr. Heeralal Roy. Section 11A reads thus: "11A. Powers of Labour Courts, Tribunals and National Tribunals to give appropriate relief in case of discharge or dismissal of workmen.- Where an industrial dispute relating to the discharge or dismissal of a workman has been referred to a Labour Court, Tribunal or National Tribunal for adjudication and, in the course of the adjudication proceedings, the Labour Court, Tribunal or National Tribunal, as the case may be, is satisfied that the order of discharge or dismissal was not justified, it may, by its award, set aside the order of discharge or dismissal and direct re-instatement of the workman on such terms and conditions, if any, as it thinks fit, or give such other relief to the workman including the award of any lesser punishment in lieu of discharge or dismissal as the circumstances of the case may require: provided that in any proceeding under this section the Labour Court, Tribunal or National Tribunal, as the case may be, shall rely only on the materials on record and shall not take any fresh evidence in relation to the matter. " Be that as it may, however, in the affidavit filed today by the present Deputy Labour Commissioner, Sri Pramanik has averred that vide memo. No.1190/23/16/LC/Kol., dated April 27, 2017, he has withdrawn the summons dated September 9, 2016 inadvertently issued against Mr. Goutam Sadhan Bose, Mr. K.K. Biswas, Mr. Surjya Kar and Mr. Ambar Bhan Batra, the writ petitioners. The said Memo./Order dated April 27, 2017, reads thus: "WHEREAS an industrial dispute on alleged termination of service was raised by Md. Zahid Ali against Calcutta Club Limited on 17/03/2016; AND WHEREAS the conciliation officer took up the matter for conciliation; AND WHEREAS the conciliation officer inadvertently issued summons against Sri Goutam Sadhan Bose, Sri K.K. Biswas, Sri Surjya Kar and Sri Ambar Bhan Batra on 09.09.2016. AND WHEREAS it has been stated by the aforesaid persons that they are not in the management of the club and that the records pertaining to the matter is in custody of the Chief Executive Officer of Calcutta Club Limited; NOW THEREFORE the undersigned as the conciliation officer herein, with the hope that a fair and amicable settlement of the dispute be arrived at soon by and between the parties informs all concerned that all the summons dated 09.09.2016 stand withdrawn."
(3.) In view of the above order, it is prayed on behalf of the present appellants that the present affidavit filed by Mr. Pramanik be treated as part and parcel of the instant appeal and appropriate orders be passed.;