SHREE JAIN VIDYALAYA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Let the affidavit of service filed in court today be kept with the record.

(2.) In spite of service none appears on behalf of the respondents to contest this application.

(3.) The writ petition is directed against the order no. 38, dated Jan. 24, 2017 passed by the learned Judge of the 7th Industrial Tribunal. This case has arisen out of a petition filed by the petitioner herein that the respondent no. 3 herein is not a workman as defined under the Industrial Disputes Act and the applicant has failed to raise any dispute in the appropriate forum before initiating the case in the Tribunal. It may be mentioned that the High Court on two previous occasions had held that the preliminary issue will be decided at the time of hearing and no separate issue requires to be decided in the preliminary forum. The petitioners did not challenge the order in the higher forum. The learned Judge of the Tribunal has merely followed the direction given by a learned single Judge of the High Court and affirmed by the learned Division Bench. I find no fault with the view taken by the Tribunal. Mr. Mondal submitted and it also appears from the order that challenging the illegality and validity of the retrenchment the respondent no. 3 herein filed a suit before the City Civil Court at Calcutta. A Division Bench of this court had directed the learned Single Judge to dispose of that suit as expeditiously as possible. In the meantime, I have been informed, the suit has been dismissed for default. According to Mr. Mondal the entire industrial dispute cannot proceed as no leave from the City Civil Court had been taken in terms of Order 23, Rule 1 (4) of the Code of Civil Procedure. I find absolutely no application of that provision of law to the facts of this case.