HOWRAH STORES Vs. EIGHTH INDUSTRIAL TRIBUNAL

JUDGEMENT

(1.) This appeal is directed against an order passed By the learned Judge of the Court below dismissing the writ application. The appellant petitioner moved the writ application for quashing an order passed by the State Government referring a dispute relating to dismissal of one Bhubaneswar Chowdhury, a workman employed by the appellant-petitioner to the Industrial Tribunal and order passed by the Tribunal on 4th June, 1987 rejecting the preliminary issue regarding the maintainability of the said reference.

(2.) The facts shortly stated are that the Third respondent, Bhubaneswar Chowdhury, was employed by the appellant as a Durwan. Chargesheet with an order of suspension pending enquiry had been served upon him on 23rd March, 1982. After the enquiry was held the Third respondent was ultimately found guilty of the charges levelled against him. Agreeing with the finding of the Enquiry Officer the Management decided to dismiss the Third respondent from service. He was accordingly dismissed. Thereafter the Third respondent, the dismissed workman, moved before the Conciliation Officer and ultimately reference was made by the Government to the Eighth Industrial Tribunal for adjudication on the issue whether the dismissal of Bhubaneswar Chowdhury was justified and to what relief, if any, he was entitled.

(3.) A preliminary point was taken before the Third respondent as to the maintainability of the order of reference and the jurisdiction of the Tribunal. The Tribunal held that the case of the dismissed workman was not espoused by a substantial number of workmen. The Tribunal, therefore, made the award on 24th January, 1985 holding that the reference was incompetent and not maintainable as framed.