P.B.Mukharji, J. - (1.) This is an application under Article 226 of the Constitution. The petitioner is McLeod and Co, Ltd. The respondents are the Sixth Industrial Tribunal of West Bengal and the discharged employee K. P. Sanyal. The object of complaint is the award made by such Industrial Tribunal dated the 18th June, 1957, whereby Respondent K. P. Sanyal was held to be a clerk and workman of the petitioner. The Tribunal held that the termination of Sanyal's services without permission of the Tribunal was a clear contravention of Section 33 of the Industrial Disputes Act and therefore directed reinstatement of Sanyal in the post he was holding at the date of his discharge and payment of all his wages up to the date of reinstatement within 15 days of the publication of the award in the Calcutta Gazette.
(2.) Two objections have been urged against the award on behalf of the applicant. The first is that Sanyal was not a workman within the meaning of the Industrial Disputes Act. The second is that, even if he were, he is not concerned in the dispute under Section 33 (1) (b) of the Industrial Disputes Act, so as to be competent to refer his discharge for the adjudication of the Tribunal under Section 33-A of the Statute.
(3.) The application raises important and large questions of construction of the Industrial Disputes Act as well as the jurisdiction of this Court in granting the writ of certiorari under Article 226 of the Constitution.;