GANESH CHANDRA SARKAR Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) In this application under Article 226 of the Constitution the petitioner has challenged the award dated 19th May, 1981 and the order dated 25th May, 1982 passed by the First Labour Court. The facts of this case are stated hereinafter.

(2.) The petitioner was appointed as Driver in the Centre of Studies in Social Science, Calcutta in the time scale of Rs. 260-6-290-EB-6-326-8-EB-8-390-10-400/- by an Office Order dated 27th August, 1973. The petitioner was confirmed to the said post of Driver on 28th August, 1975. For the alleged failure to attend to duty on October 29, 1976, the services of the petitioner were terminated with effect from February 10, 1977.

(3.) The petitioner wrote a letter to the Deputy Labour Commissioner, Government of West Bengal, on 19th June, 1978 requesting him to intervene in the matter and to take appropriate steps for redressal of his grievances in accordance with the provisions of the Industrial Disputes Act, 1947 (hereinafter referred to as the said Act). On 26th September, 1978 the petitioner wrote a letter to the Labour Commissioner, respondent No. 2 herein requesting him to intervene and to take effective action in view of the decision of the Supreme Court in Bangalore Water Supply v. Rajappa, (I): 1978 (1) LLJ 349. The Registrar of the said Centre wrote a letter to the Labour Commissioner, contending that as the said Centre being an organisation where no production and/or distribution is carried on, it could not be legally deemed to be an industry and as such, there was no scope in law for the intervention of the Labour Commissioner in respect of the dispute sought to be raised by the petitioner.