(1.) The present writ application has been filed, inter alia, challenging the order dtd. 23/3/2023 passed by the learned First Industrial Tribunal, Kolkata, in Case No. VIII-18/2012 under Sec. 10 of the Industrial Disputes Act, 1947 (hereinafter referred to as the said Act).
(2.) It is the petitioner's case that the petitioner is a partnership firm registered under the provisions of the Indian Partnership Act, 1932. In usual course, the petitioner had engaged the respondent no.4 in the year 2001. The petitioner claims that it supplies vehicles to the IOC/IBP on hire, for use of the officers of the Corporation and the respondent no.4 was posted at the office of IBP situated at 34A, Nirmal Chandra Street, Kolkata- 700 013, as a driver to ply the vehicles so supplied by its employer. Records would reveal that on or about 20/4/2008 the service of the respondent no.4 was terminated.
(3.) Following the aforesaid, an industrial dispute was raised and the Government of West Bengal, Labour Department vide Memo No.410-IR dtd. 26/4/2012 referred the disputes between the parties to the First Industrial Tribunal for adjudication by framing the following issues: