ARINDAM SINHA,J. - (1.) The Court : Petitioner had employed workmen. By this writ petition reference dated 24th May, 2013 has been challenged. Mr. Gupta, learned advocate appears on behalf of petitioner and demonstrates service upon all respondents but only the union is present.
(2.) Mr. Gupta submits, by letter dated 31st August, 2009 his client had taken decision to close market of Kolkata meaning that his client would no longer thereafter market its goods in Kolkata. Workmen employed were requested to deposit office belongings and collect all outstanding dues from the market for final settlement. He submits, that was done but thereafter the workmen, through the union, sought to raise an industrial dispute. He draws attention to the issues in impugned reference, in particular issue no.1 which is set out below:- "Whether the termination of permanent employment of 5(five) workmen by the management of M/s.Mediwell Laboratories(I) Pvt. Ltd. w.e.f.01-09-2009 was justified."
(3.) Mr. Gupta submits this is a case of termination of permanent employment of five workmen by his client. Accordingly, his client had challenged maintainability of the reference before Seventh Industrial Tribunal, Kolkata where it the issue is being adjudicated. By Order no.49 dated 31st October, 2017 contention of petitioner/employer that workmen were aggrieved by illegal closure was gone into. According to him, the Tribunal being bound by the provisions in Section 10(4) of Industrial disputes Act, 1947 refused to adjudicate the contention. Hence his client is before Court seeking interference.;