STATESMAN LIMITED Vs. FIRST INDUSTRIAL TRIBUNAL WEST BENGAL

JUDGEMENT

(1.) is writ petition has been filed by the employer challenging the validity and/or legality of the order passed by the learned Tribunal in respect of the workman who was considered by the learned Tribunal as protected workman. By the said impugned order, learned Judge of the Tribunal also held that the employer is guilty of doing unfair labour practice within the meaning of the 5th Schedule of the Industrial Disputes Act for which the employer can be penalised under the provisions of the Industrial Disputes Act.

(2.) The brief facts material for this petition are mentioned hereinafter: The Government of West Bengal(Labour Department) referred one industrial dispute for adjudication by the First Industrial Tribunal vide Order No. 1648-IR dated December 15, 1998 under Section 10 of the Industrial Disputes Act concerning the workmen including the respondent No. 2 herein. The said reference is still pending for adjudication. During pendency of the said reference, the Statesman Limited dismissed the respondent No. 2, Sri Arani Mukhopadhyay along with one fellow employee, namely, Sri Santosh Kumar Das. The said Sri Arani Mukhopadhyay is the Vice-President of the Statesman Clerical Staff Union whereas the said Sri Santosh Kumar Das is the President of the said Union.

(3.) The employer company filed an application under Section 33(2)(b) of the I.D. Act before the Tribunal for approval of the dismissal order in respect of the respondent No. 2 herein. The said application filed by the employer company was dismissed by the learned Judge, First Industrial Tribunal, West Bengal. While dismissing the said application of the petitioner company, the learned Judge of the Tribunal held that the respondent No. 2 herein is a protected workman within the meaning of the Industrial Disputes Act and rules framed thereunder and as such prior approval of the Tribunal was required to be obtained under Section 33(3) of the Industrial Disputes Act and no order of dismissal can be passed without obtaining such prior approval.