SRAMIK SENGSTHA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The Court - In ties application under Article 226 of the Constitution of India, the petitioner, inter alia, prays for a writ in the nature of mandamus commanding the respondents to rescind, recall, cancel and withdraw an award dated December 8, 1987 passed in case No. VIII-149/84 by the respondent No. 3 pursuant to an order of reference made by the Government of West Bengal Labour Department by order No. 1134/IR/IR/IIL 292/83 dated April 26, 1984.

(2.) The petitioner is a Trade Union registered under the Trade Unions Act and represents the employee of respondent No. 2. It is stated in the petition that the petitioner raised a charter of demands before the respondent No. 2 and the respondent No. 2, as a consequence thereof terminated the services of seven workmen without any charge-sheet and/or enquiry and without assigning any reason for such termination and without paying any compensation at the time of termination.

(3.) The petitioner raised on industrial dispute before the appropriate authority and as the conciliation failed, the Government of West Bengal, ultimately, referred the said dispute to the learned 8th Industrial Tribunal, West Bengal, hereinafter referred to as the said learned tribunal. The issues were as follows: - (i) Revision of Wages (ii) Dearness Allowances (iii) Tiffin Allowances (iv) Medical Allowances (v) Leave and holiday and (vi) Duty hours. Both the petitioner and the respondent No. 2 filed their written statements along with the list of documents.