- (1.) NOTICES dated November 1, 2002, January 24, 2003 and April 28, 2003 issued by the Assistant Labour Commissioner (Central), Calcutta-ll (the second respondent) are the subject matter of challenge in this writ petition at the instance of the petitioner bank. The impugned notices (Annexures P-7, P-9 and P-20 respectively to the writ petition) called upon the petitioner bank to offer its comments and/or to participate in conciliation proceedings in respect of an industrial dispute raised by the General secretary/commercial Establishment Employees Association (Calcutta), the fourth respondent/over alleged unfair labour practice of the petitioner bank in seeking to Exploit the fifth respondent (workman ).
(2.) BY the first notice, the second respondent forwarded to the petitioner bank copy of representation dated October 22, 2002 received from the'fourth respondent and sought for its comments thereon. By the second and third impugned notices which were issued in the midst of conciliation proceedings, the petitioner bank was called upon to attend discussions which the secoid respondent intended to hold for arriving at a settlement.
(3.) IT is revealed from the version of the fourth respondent that the fifth respondent was an employee of the petitioner bank continuously since october, 1999 in the capacity of a clerk ; that, illegally and unconstitutionally, the petitioner bank had asked him to work under one of its agents viz. M/s. promark Pvt. Ltd. the sixth respondent (hereafter Promark) ; that, the petitioner bank with mala fide intention had turned down the request of the fifth respondent to make him a permanent employee s'o as to deprive him of his genuine claims ; that, such act on the part of the petitioner bank amounts to victimization and is bad in law being against principles of natural justice ; and that, a request was accordingly made to the petitioner bank to give him the status of a permanent employee and to pay him all benefits as are being received by the other employees.;