BELLE VUE CLINIC Vs. STATE OF W B

JUDGEMENT

(1.) A dispute case under section 10(1B) of the Industrial Disputes Act, 1947 was initiated at the instance of the respondent No. 4 before the learned Judge, 2nd Labour Court, West Bengal giving rise to Case No.76/01 under section 10 (1B)(d) of the said Act.

(2.) By an order being No.6 dated 6.9.2005 passed by the learned Judge, 2nd Labour Court, the writ petitioner No.1 was directed to file written statement in connection with the said proceeding on 28.9.2005 which was a date also fixed for framing of issues. The said date was subsequently deferred to 10.11.2005.

(3.) A preliminary objection has been raised by the writ petitioners before this Court as to the jurisdiction of the Labour Court to entertain such a dispute on the ground that the respondent No.4 being not a 'workman' within the meaning of the definition of section 2(s) of the said Act, cannot maintain such a proceeding before the Labour Court.