REGENT COMPUTRONICS PVT. LTD.

INDIAN CABLE CO. LTD. Appellant

V/S

Fifth Industrial Tribunal And Ors. Respondents

Referred Judgements :-

SHARP V/S. WAKIFIELD [REFERRED TO]
KALESWARI HANDLOOMS FACTORY V/S. STATE OF MADRAS [REFERRED TO]
GUJARAT STEEL TUBES LTD. V/S. GUJARAT STEEL TUBES MAJDOOR SABHA [REFERRED TO]
UNITED BEEDI WORKERS UNION V/S. S. AHMED HUSSAIN & SONS [REFERRED TO]
SHOPS & COMMERCIAL WORKERS' UNION & ORS. V/S. MANAGEMENT OF AYURVEDIC & UNANI TIBIA COLLEGE BOARD [REFERRED TO]
MANAGEMENT OF EXPRESS NEWSPAPERS PRIVATE LIMITED MADRAS VS. WORKERS [REFERRED TO]
S C JAISINGHANI C K TIKKU MOHAN CHANDRA JOSHI VS. UNION OF INDIA [REFERRED TO]
JAI JAI RAM MANOHAR LAL VS. NATIONAL BUILDING MATERIAL SUPPLY GURGAON [REFERRED TO]
WORKMEN OF THE STRAW BOARD MANUFACTURING COMPANY LIMITED VS. STRAW BOARD MANUFACTURING COMPANY LIMITED [REFERRED TO]
RAMDAS BHIKAJI CHATJDHARI VS. SADANAND [REFERRED TO]
WAMAN RAO HANMANTRAO CHANDRA SHEKAR VITHALRAO SHRI BABURAO ALIAS P B SAMANT VS. UNION OF INDIA [REFERRED TO]
P KASILINGAM VS. P S G COLLEGE OF TECHNOLOGY [REFERRED TO]
S K VERMA VS. MAHESH CHANDRA [REFERRED TO]
D P MAHESHWARI VS. DELHI ADMINISTRATION [REFERRED TO]
WORKMEN VS. HINDUSTAN LEVER LIMITED [REFERRED TO]
WORKMEN EMPLOYED VS. HINDUSTAN LEVER LIMITED [REFERRED TO]
JAVED AHMED ABDUL HAMID PAWALA VS. STATE OF MAHARASHTRA [REFERRED TO]
SANT RAJ VS. O P SINGLA [REFERRED TO]
CENTRAL INLAND WATER TRANSPORT CORPORATION LIMITED VS. BROJO NATH GANGULY / TARUN KANTI SENGUPTA [REFERRED TO]
MARIAMMAN HANDLOOM FACTORY VS. STATE OF MADRAS [REFERRED TO]
HARDWARI LAL VS. POKHAR MAL [REFERRED TO]

JUDGEMENT

(1.) In this application under Article 226 of the Constitution the Indian Cable Company Ltd. has challenged two orders of the Fifth Industrial Tribunal. The case of the Indian Cable Company Ltd. is that one Amar Kumar Ghosh was appointed as Assistant Engineer on 20th September, 1965. In 1976 he was promoted to managerial capacity in the scale of Rs.900/ - to Rs.1500/ - and on the determination of contract of employment his salary was Rs.3,160/ - per month. On 24th August, 1981 contract of employment was determined as he was not amenable to discipline, lost his interest and initiative in performance of his duties, late in attendance, used to remain absent without information and was arrogant and indecent with his superiors, etc. The said Amar Kumar Ghosh raised the dispute before the Assistant Labour Commissioner, West Bengal and the company by letter dated 11th December, 1981' denied the facts saying that Shri Amar Kumar Ghosh cannot be treated as a workman as contemplated under Sec. 2(s) of the Industrial Disputes Act, 1947. But the dispute was referred to the 5th Industrial Tribunal on 14th December, 1982, the issue being a follows : -

(2.) On 2nd December, 1983 the petition was filed praying for hearing of preliminary points raised before going into the merits of the case. On 9th May, 1984 the Fifth Industrial Tribunal passed on order holding that it is necessary to make a threshold part -adjudication of the matter. This order is under challenge.

(3.) The operative part of the said order is as follows : -

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INDIAN CABLE CO. LTD. Vs. FIFTH INDUSTRIAL TRIBUNAL & ORS.

Referred Judgements :-

JUDGEMENT

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