M/S. PEERLESS INN Vs. FOURTH INDUSTRIAL TRIBUNAL

JUDGEMENT

(1.) In this writ application the petitioner company challenges an order of reference dated 15 March, 2005 made by the Government of West Bengal of an industrial dispute between the petitioner and 19 of its workman in exercise of power under Sec. 10 of the Industrial Disputes Act, 1947 (in short the 'ID Act'). The short contention of the petitioner is that no industrial dispute within the meaning of the ID Act exists and hence the reference is incompetent and without jurisdiction.

(2.) Between 12 Dec., 2001 and 29 Dec., 2001, 19 employees of the petitioner were served with charge sheets containing allegations of various acts of misconduct. They were placed under suspension with effect from the respective dates of the charge sheets. A dispute regarding suspension of the said workmen was raised by the respondent nos. 3 and 4 unions. A conciliation proceeding was initiated and ultimately by an order dated 15 March, 2005, the Government of West Bengal referred the following disputes for adjudication before the respondent no. 1 Tribunal :

(3.) Mr. Ranjay De, Learned Counsel appearing on behalf of the petitioner submitted that an order of suspension pending domestic enquiries is purely a contingent measure and not a punishment and has not amenable to judicial review. The suspension orders were passed pending enquiry/disciplinary action in terms of Rule 29 III (A) of the Service Condition/Rules of Peerless Hotels Limited. The said Rule reads as follows :-