Sambuddha Chakrabarti, J. - (1.) The petitioner has primarily sought to raise a few points of law in the present writ petition, viz., whether the respondent no. 3 who was a workman of the company could invoke the jurisdiction of the Labour Court under Section 33C (2) of the Industrial Disputes Act for claiming the benefit under the Pension Scheme whose members are only the managerial staff, whether the said application was barred by non-joinder of the necessary parties and whether the application was maintainable against the petitioner company after the respondent no. 3's admission that the Trust is a separate entity. It has further taken a point about the maintainability of the said application before the Labour Court against the present employer since such claim applies only in respect of money dues against the employer when there is admittedly no due of any sum which the respondent no. 3 could claim from the petitioner company.
(2.) Adjudication of these points and their ultimate maintainability require a close examination of the case and counter case of both the parties.
(3.) The petitioner is a company incorporated under the Companies Act. The case of the petitioner, inter alia, is that the respondent no. 3 at one point of time was an employee of Sinclairs & Company, a partnership firm which was completely a distinct and different legal entity from the petitioner and had an independent management. After resigning from the service of the said firm, the respondent no. 3 joined the service of the petitioner company as a Junior Executive and designated as Senior Administration Officer with effect from January 1, 1984.;