WEBFIL LTD Vs. DIPESH KUMAR BAGCHI

JUDGEMENT

(1.) This writ application has been filed by the employer (Webfil Limited) challenging an award dated 15.01.2018 passed by the 8th Industrial Tribunal, state of West Bengal in case No. 01/2A (2) 11 (Sri Dipesh Kumar Bagchi -versus- Webfil Limited).

(2.) The tribunal passed the award in favour of the employee for payment of all the back wages including the benefit of revised wages or salary etc. The tribunal also held that the termination of the employee by the employer with effect from 31.03.2010 is not justified and the employee is entitled to get reliefs as prayed for.

(3.) This award dated 15.01.2018 has been challenged by the employer by filing the present writ application wherein the employer raised three objections. The first one is related to the jurisdiction of the tribunal and it has been submitted that the tribunal is to be held coram non-judice as it had no jurisdiction to decide the dispute raised by the employee. The second objection is, the employee is not a workman and therefore, he does not come within the purview of the Industrial Disputes Act, 1947 (ID Act, in short, hereafter) and the third contention is, the employee did not plea specifically that after termination he was not employed elsewhere and therefore back wages from the date of his termination till the date of his retirement is not required to be paid to him.