NOVATTIS INDIA LTD Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) In the present writ proceeding the writ petitioner has challenged (a) Order No. 25 dated 30th March, 1999 (Annexure-'P-15' of the writ application) passed by the Third Industrial Tribunal. West Bengal (hereinafter referred to as the Tribunal) in Case No. VIII-69 of 1997, (b) Award dated 10th October, 2002 (Annexure-'P-19' of the writ application) passed by the Tribunal in Case No. VIII-69 of 1997 and (c) Order No. 888-IR/(IR/11L-11-95) dated 12.6.1997 (annexure-'P-12' of the writ application issued by Government of West Bengal, Labour Department, under the signature of the Assistant Secretary to the Government of West Bengal.

(2.) In exercise of the power conferred by section 10 read with section 2A of the Industrial Disputes Act, 1947 (herein after referred to as the said Act) the Governor of West Bengal was pleased to refer the industrial dispute between M/s. Sandoz (I) Ltd., 3A, Shakespeare Sarani, Calcutta-71 (hereinafter referred to as the company) and their workmen (1) Shri Bikash Bhusan Ghosh, (2) Shri Pradip Kumar Mukherjee and (3) Shri Shyama Charan Mallick to the Tribunal for adjudication of the following issues. Issue(s) Whether the termination of service of (1) Shri Bikash Bhusan Ghosh (2) Shri Pradip Kumar Mukherjee and (3) Shri Shyama Charan Mallick is justified? What relief, if any, are they entitled to?

(3.) Before the Tribunal the parties to the disputes submitted their respective written statements. Witnesses were examined by the parties to the disputes before the Tribunal.