Chittatosh Mookerjee, C.J. - (1.) The petitioner, Mazdoor Sangha, claims to be a registered trade union of workers of M/s. Canton Carpentry Works Pvt. Ltd. (the certificate debtor), the opposite party No. 7 herein. The opposite party No. 7, Company had purported to suspend its 34 workmen without complying with the provisions of the West Bengal Payment of Subsistence Allowance Act, 1969. The petitioner, Mazdoor Smgha claims to represent the said suspended workmen of the opposite party No. 7.
(2.) The Assistant Labour Commissioner, Government of West Bengal after giving opportunity to the opposite party No. 7, Company by a notice dated 3rd August, 1978, had called upon to pay the Company the suspension allowance to these workmen the aggregate of which then amounted to Rs. 2,50,254.41 p. The Company having failed to comply with the said notice to pay suspension allowance to workmen, the Assistant Labour Commissioner, Government of West Bengal under section 5 of the Bengal Public Demands Recovery Act, 1913 had sent to the Certificate Officer, 24-Parganas a written requisition. There upon the Certificate Officer had signed a certificate for recovery of Rs. 2,50,254.41 p. from the certificate debtor company, the opposite party No. 7 herein. The same was registered as Certificate Case No. 25-WL./78-79. The Certificate Officer, 24-Parganas had duly served the notice and copy of the said Certificate upon the opposite party No. 7, Company. The Certificate Officer had also attached the right, title and interest of the certificate debtor company in Premises No. 14, Radhanath Chowdhury Lane, Entally including the buildings and machineries, etc. situated therein.
(3.) The certificate debtor company, the opposite party No. 7, having failed to pay its suspended workmen their subsistence allowance for the subsequent period the Assistant Labour Commissioner, Government of West Bengal had made another requisition and thereupon the Certificate Officer, 24-Parganas had drawn up another Certificate proceeding being Certificate Case No. 64WL/81 82 against the opposite party No. 7 for recovery of Rs. 1,29,252 92 p. Notices of the said certificate case had been also served upon the certificate debtor company and attachment of the said holding No. 14, Radhanath Chowdhury Lane had been effected. We understand that the said suspended workmen have become entitled to receive suspension allowances from the opposite party No. 7 also for the period subsequent to the periods covered by the aforesaid two certificate cases. The said dues of the opposite party No. 7 are not however subject-matter of the present case before us. We understand that the State has also referred to the Industrial Tribunal a dispute between the opposite party No. 7, Company and its workmen represented by the petitioner, Mazdoor Sangha, for adjudication of the dispute regarding payment of arrest wages, subsistence allowance, gratuity, etc.;