WAXPOL INDUSTRIES LIMITED Vs. STATE OF WESTBENGAL

JUDGEMENT

(1.) By this writ application the petitioner company (hereinafter referred to as the employer) has challenged the award dated 17th July, 1998 passed in Case No. VIII-54/91 by the learned Judge, First Industrial Tribunal (respondent No. 2 herein). By the impugned award 33 workmen were directed to be reinstated in their services with full back wages after deducting the amounts paid towards notice of pay and compensation. The award was passed on the basis of a reference made by the respondent No. 1. The reference related to the following issues : (i) Whether the closure of the undertaking of M/s. Waxpol Industries Limited of 16/1, Lake View Road, Calcutta and of 20A, Lake View Road, Calcutta-700 029 with effect from 24th April, 1982 was real or not? (ii) What relief, if any, are workmen employed therein entitled to?

(2.) The short fact more or less admitted, needs to be stated, is as follows : The workmen concerned were engaged by the petitioner No. 1 in their unit at premises No. 16/1, Lake View Road being the factory site of the petitioner No. 1 of Calcutta Unit, head office which is situated at 71, Ganesh Chandra Avenue at Calcutta. On or about 14th November, 1981 there had been devastating fire broken out at the said factory of the petitioner as a result of which the entire factory including the buildings, structures, sheds, raw materials, finished products, plant and machineries and records were completely destroyed as the same were gutted in fire. All efforts were made to salvage the same. However, it was in vain. The petitioner could not repair and reconstruct factory and resumed its manufacturing operation in view of the order of injunction passed by this Court on a legal action initiated by one M/s. Alembee Co-operative Housing Society Limited. The petitioner duly preferred claim to the Insurance Authority for compensation and it got the same from it. On 24th April, 1982 the petitioner was compelled to declare complete closure of the production unit and godown and as such the services of all the workmen except two watch and ward staff were terminated with effect from 26th April, 1982. In between 24th April, 1982 and August, 1982 all legitimate dues and claims were settled on account of closure as such they were paid off their final settlement including retrenchment compensation and they accepted the same.

(3.) After having received the full and final settlement the union (viz. respondent No. 3) requested the Assistant Secretary, Labour Department to refer the dispute for adjudication as according to them closure was not genuine. By letter dated 21st December, 1982/16th January, 1984 Assistant Secretary, Labour Department did not consider the dispute about the closure to be fit for intervention. After almost seven years on the basis of the representation the respondent No. 1 passed an order of reference for resolution of the purported industrial dispute on the issues as stated above. On 30th June, 1991 the respondent No. 3 filed written statement and the employer also filed counter-affidavit. The learned Tribunal after examining the witnesses and considering the evidence passed the aforesaid impugned award. On 18th August, 2000 a writ petition was filed by the respondent No. 3 for appropriate direction upon the State Government to publish the said award. On 22nd September, 2000 the writ petition was disposed of by the Hon'ble Justice Bhaskar Bhattacharya directing the award need not be published as per section 17AA of the Industrial Disputes Act, 1947 and, further directed the Labour Commissioner and the Deputy Labour Commissioner to enforce the award in accordance with law within a week, in the event of default by the employer to implement the same. Thereafter this writ petition has been filed by the employer. It is relevant to note that in the previous writ petition the petitioner herein, was party-respondent.