REGENT ESTATES LIMITED Vs. SECOND LABOUR COURT

JUDGEMENT

(1.) IN the Rule, the petitioners have impeached a determination dated 23rd September, 1970, made by the Second Labour Court, West Bengal, in a proceeding under section 33a of the Industrial Disputes Act, 1947.

(2.) THE petitioner No. 1 Regent Estates Limited, owns and carries on business under the name and style India Automobiles viz. , petitioner No. 2 (hereinafter referred to as the said petitioners ). It has been stated that the said petitioners at all material times were and still are carrying, on business for the purposes more fully stated in memorandum of Articles of Association.

(3.) SRI Prokash Chandra Hazra (Respondent No. 2), was employed and was working in the Workshop of the India Automobiles (petitioner No. 2), as Leatheman and it has been alleged that he continued as such until he left his services. On April 20, 1964, the said respondent No. 2 remained absent from his duties without permission and/or information or any leave. On that date he was found to be working on a Leathe machine in an outside Workshop, which act on his part, the said petitioners have stated, to be in gross violation and in breach of the conditions of employment and amounted to a major misconduct and detrimental to the workings of the (Petitioner No. 2)