LAWS(CAL)-2021-6-56

PRABARTAK JUTE MILLS LTD Vs. ASSISTANT LABOUR COMMISSIONER

Decided On June 29, 2021
Prabartak Jute Mills Ltd Appellant
V/S
ASSISTANT LABOUR COMMISSIONER Respondents

JUDGEMENT

(1.) This writ application has been filed by the employer Prabartak Jute Mills Ltd. against award of the First Industrial Tribunal, Kolkata dated 28.05.2019 in case No. 04/2015 under Section 10(1B) (d) of the Industrial Disputes Act, 1947.

(2.) The employee's case before the tribunal was, he was retrenched from his service in the Jute Mill by the employer as he was not allowed to enter into the place of his work i.e. the Jute Mill despite direction given by this High Court in a writ application and the effort made by the Police authority to comply with the direction had failed. There was no disciplinary proceeding also against the employer.

(3.) After hearing the parties and on the basis of evidence, both oral and documentary, the tribunal held that the retrenchment/termination of service of the employee is absolutely unjustified and illegal and directed the employer to reinstate the employee with full back wages.