SAMBUDDHA CHAKRABARTI, J. - (1.) This petition is directed against an Award passed by the learned Judge of the 2nd Labour Court, Kolkata on March 24, 2011, in case no. 51 of 2003 under Section 10 (1B)(D) of the Industrial Disputes Act, (the Act, for short). By the said Award, the application of the respondent no. 6 in this writ petition was allowed, her dismissal by the writ petitioner was found to be unlawful and illegal and the company has been directed to reinstate the applicant before the Labour Court to service with full back wages and other consequential benefits admissible as per the company norms, within 60 days from the date of passing of the Award failing which the applicant was given liberty to take recourse to law.
(2.) The respondent no. 6 herein who was the applicant before the Tribunal obtained a pendency certificate from the Conciliation Officer and moved the Tribunal by filing a written statement under Section 10 (1B)(D) of the Act. The case of the applicant before the Tribunal was that she joined as a clerk in the petitioner company herein on September 19, 1998 at a monthly salary of Rs. 200/-. Subsequently, her salary was enhanced to Rs. 500/- per month. But the petitioner company without any reason reduced the same to Rs. 1800/- per month from the month of November, 1999.
(3.) The further case of the respondent no. 6 herein is that in November 2001, she was dismissed from service. She lodged a complaint with the Assistant Labour Commissioner where the stand of the writ petitioner company was that she was not an employee of the company at any time. She further alleged that the company had terminated her from service without complying with Section 25F of the Act which amounts to unlawful dismissal and unfair labour practise.;