RAM SANKAR TRIPATHY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THE petitioner is the proprietor of a Hindi daily newspaper known as 'Lokamanya' The respondent 4, Kailash Nath Trivedi, was a workman employed by the petitioner. The respondent 4 was discharged from his services pending the adjudication of an industrial dispute between the petitioner and his workmen. The respondent 4 made an application before the fourth industrial tribunal, under Section 33A of the Industrial Disputes Act, alleging that his discharge from service during the pending of the industrial dispute before the tribunal without obtaining previous permission of the said tribunal was illegal. He prayed for reinstatement in his former post and also for payment of his wages and other emoluments for the period of non -employment.

(2.) BY its award which was published in the Calcutta Gazette of 14 March 1967, the fourth industrial tribunal held that the discharge of respondent 4 without previous permission from the tribunal was illegal. The tribunal, therefore, directed his reinstatement 'with all the back wages including the leave pay, if any, due to his credit.' The award of the industrial tribunal on the proceeding under Section 33A of the Industrial Disputes Act is annexure C to the petition.

(3.) BEFORE the labour court, the petitioner was called upon to appear and he filed his written objection. Amongst various objections taken, one was as follows: