ABP LIMITED Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal is to challenge a judgment of the Hon'ble Single Bench dtd. 6/5/2016, delivered in W.P. No. 8837 (w) of 2001.

(2.) The issue in question before the Hon'ble Single Judge was with regard to the legality, validity and propriety of an 'award' of the First Industrial Tribunal, West Bengal, dtd. 4/4/2001. By dint of the same the First Industrial Tribunal has set aside an order dtd. 13/1/1993, of the present appellant, that being illegal, whimsical and arbitrary. The Tribunal in the said 'award' dtd. 4/4/2001, had further directed that the present respondent, i.e, Sri Ashok Nandi should be reinstated and absorbed in the post of 'Junior Clerk' under library department, with all back wages and consequential benefits, with effect from 10/1/1998, till the date of his actual reinstatement in service. Tribunal further has directed that 'award' to be implemented within three months.

(3.) The present appellant, being aggrieved with the said 'award' of the Tribunal dtd. 4/4/2001, had preferred the writ petition as mentioned above. The final verdict of the writ Court has also not been in favour of the appellant. The Hon'ble Single Judge in its judgment dtd. 6/5/2016, as impugned in this appeal, has held inter alia that, neither the direction of the Tribunal for reinstatement of the present respondent can be termed as beyond jurisdiction of the Tribunal or having been passed in exercise of the jurisdiction not vested in it, nor the termination of the present respondent can be termed to have been done by the appellant, remaining within the limits of statutory provisions, he being virtually a 'workman' of the present appellant. The Hon'ble Single Judge has further held, that, on the basis of the facts of the case and by dint of the legal fiction, the present respondent would be considered as a 'workman' of the appellant, in terms of the provision of the Industrial Disputes Act, 1947. Therefore, abrupt termination of the respondent without following the procedure as prescribed under law, as well as the principles of natural justice, would render such an action of the present appellant as null and void. The Hon'ble Single Bench has finally concluded that the 'award' of the Tribunal dtd. 4/4/2001 should be upheld and that there would not be any merit in the writ petition before it. As such the writ Court has dismissed appellant's writ petition, by dint of the impugned judgment dtd. 6/5/2016.