SAMBUDDHA CHAKRABARTI, J. - (1.) Although the writ petition is directed against the Certificate issued by the Conciliation Officer which has been annexed to the petition as Annexure P-5 and the Award dated January 18, 2013, i.e. Annexure P-9, Mr. Mehta, the learned Advocate for the petitioner, raised a preliminary objection to the jurisdiction of the concerned labour court to adjudicate the dispute under the Industrial Disputes Act as, according to him, the respondent no. 3 was not a workman within the meaning of Section 2(s) of the Industrial Disputes Act. Since, it pertained to the question of jurisdiction of the labour court to adjudicate the dispute it was taken up as a preliminary issue.
(2.) It is pertinent to mention that in the present petition after September 28, 2015, the respondent no. 3 went unrepresented. When the petitioner raised the issue on June 19, 2017, none appeared on behalf of the respondent no. 3, so also on June 23, 2017, when the preliminary issue was again heard. The learned advocate for the State respondents appeared but declined to make any submission on the point taken by the writ petitioner.
(3.) Before appreciating the scope of the issue raised, it is necessary to give in brief the facts leading to the issue of the Certificate by the Conciliation Officer as well as the Award passed by the learned Judge of the 2nd Labour Court, Kolkata.;