ASHOK BIRI FACTORY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The order of reference made by the Government of West Bengal referring the dispute to the tribunal under section 10 of the Industrial Disputes Act has been challenged in the instant writ petition by the petitioners herein.

(2.) Petitioners are engaged in the trade of manufacturing and sale of 'Biri' and have claimed that in their usual course of business, they do not engage any employee/home worker/Biri roller for manufacturing or rolling Biris at their Biri factory or industrial premises.

(3.) It has been contended on behalf of the petitioners that they get supply of rolled unbranded Biris from their Biri suppliers or independent contractors with whom the petitioners entered into agreements for getting supply of unbranded Biris. According to the petitioners, the said Biri suppliers or independent contractors have their own separate business and industrial premises wherein they manufacture Biris by employing their own labourers or workers. It has been specifically stated by the petitioners that the petitioners of employ labourers in their Biri factories only for the purpose of toasting, labelling and packing the 'Biris' as supplied by the independent contractors apart from employing staff for administrative work, marketing purpose and accounting purpose.