DINO BANDHU NAYAK Vs. D MITRA

JUDGEMENT

(1.) An industrial dispute, between Messrs. Atal Behari Nayak (Proprietor Shri Jagabandhu Nayak) of No. 9/5C, Munshiganj Road, Kidderpore and their workmen represented by the National Union of Tea Workers, was referred by the Government of West Bengal to the 1st Industrial Tribunal for adjudication. The industrial dispute related to retrenchment of workmen. The Tribunal made an award against the employer holding that the order of retrenchment was neither valid nor justifiable excepting in the case of two named workmen. Apparently the award was not implemented and the workmen who had been retrenched were not taken back. Thereupon, on February 4, 1963, a Labour Officer to the Government of West Bengal wrote a letter, which I set out below:

(2.) The petitioner Dinobandhu Nayak says that he is the proprietor of Messrs. A. B. Trading and Co. and that his business has nothing to do with the business of Atal Behari Nayak of which the proprietor is Jagabandhu Nayak. He further says that the award was not made against him or his business and he is not bound to implement the award.

(3.) Aggrieved by the threat of prosecution, contained in the letter dated February 4, 1963 hereinbefore quoted, the petitioner moved this Court, under Article 226 of the Constitution, asking, inter alia, for a Writ in the nature of Mandamus commanding the respondents to withdraw or rescind the purported order dated February 4, 1963 and for a Writ of Prohibition prohibiting them from wrongly exercising their powers under Section 29 against the petitioner and obtained this Rule.