SECRETARY INDIAN TEA ASSOCIATION Vs. AJIT KUMAR BARAT

JUDGEMENT

(1.) Leave granted.

(2.) This appeal is directed against the judgment and order dated 17th March, 1999 of the Calcutta High Court in appellate jurisdiction whereby order of the learned single Judge dated 24th July, 1998 passed in W.P. No. 155 of 1998 was affirmed. The learned single Judge directed the State Government to make reference under Industrial Disputes Act, 1947.

(3.) Briefly stated facts are as follows:- Respondent No. 1 was employed as Joint Secretary of Indian Tea Association-appellant. On 27th November, 1995, respondent No. 1 was dismissed from service for disobeying an order of transfer. He complained of his dismissal to Labour Commissioner, Government of West Bengal. Conciliation proceedings under S. 12 of the Industrial Disputes Act, 1947 (for short the Act) were held and appellant submitted its comments stating that respondent No. 1 was not a workman. A failure report dated 2nd July, 1997 was submitted by the Joint Labour Commissioner, recommending a reference, as according to him, the question whether respondent No. 1 was a workman required adjudication. The Government did not act, therefore, respondent No. 1 moved Calcutta High Court. The High Court directed the Government to take a decision under S. 12(5) of the Act within the time fixed. By order dated 14th July, 1998 the Government communicated its decision in writing wherein it regretted its inability to make a reference as respondent No. 1 was not a workman. Again respondent No. 1 moved the High Court against the said order of State Government. The learned single Judge directed the appropriate Government to make a reference as to whether the respondent No. 1 was a workman. The appeal filed by the appellant was dismissed by the impugned judgment and the State Government was directed to make an appropriate reference, keeping in view the nature of the dispute raised by respondent No. 1. Hence this appeal.