ABDUL RAHIM Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The present writ application has been filed, inter alia, challenging an award dtd. 19/9/2019, passed by the Learned 7th Industrial Tribunal, West Bengal in case no.41 of 2013.

(2.) It is the case of the petitioner that he had been employed by the respondent no.4 in the year 2001. Subsequently, since, 4/2/2013, Mr. Sandeep Kumar Rajpuria without any cause refused entry of the petitioner to office premises thereby, preventing him to join his duty. On account of refusal of employment as aforesaid, the petitioner was prompted to seek intervention of the Labour Commissioner. Since, the conciliation proceeding did not yield any fruitful result, after expiry of the statutory period, he filed an application under Sec. 2A(2) of the Industrial Disputes Act, 1947 (hereinafter referred to as the "said Act") before the Learned 7thIndustrial Tribunal, West Bengal and the same was registered as Case of 41 of 2013. The respondent no.4 duly participated in the said proceeding by filing written statement. On the basis of the pleadings of the parties, Learned 7thIndustrial Tribunal was, inter alia, pleased to frame the following issues:-

(3.) Although, the Learned 7thIndustrial Tribunal on the basis of the evidence on record had arrived at a finding that there was an employee and employer relationship between the petitioner and the respondent no.4, however, by concluding the petitioner had failed to prove, he was refused employment with effect from 4/2/2013, and by accepting that the petitioner was retained on the rolls of the respondent no.4 dismissed the said application.