BRAITHWAITE & CO. LIMITED Vs. SECOND INDUSTRIAL TRIBUNAL

JUDGEMENT

(1.) The present writ petition has been preferred praying for setting aside of the orders dtd. 10/11/2010 and 18/2/2011 passed by the learned Judge, 2nd Industrial Tribunal, Kolkata.

(2.) It is the case of the petitioner herein that the petitioner company was taken over by the Government of India by virtue of the Braithwaite & Company (India) Limited (Acquisition & Transfer of Undertaking) Act, 1976. In terms of Sec. 12(1) of the Nationalization Act all the workmen within the definition of Industrial Disputes Act, 1947 immediately before the appointed day of the company became the employees of the Central Government on or from the appointed day [1/4/1975].

(3.) It is the case of the petitioner that although in respect of the petitioner company Government of India is the 'appropriate Government' the respondent Union raised an alleged industrial dispute regarding the punishment imposed by the petitioner company and ultimately by virtue of an Order of Reference dtd. 5/2/2008, the State Government made a reference to the respondent Tribunal for adjudication.