SHYAM SUNDAR BATABYAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The Court: In this writ proceeding the petitioner (hereinafter referred to as the workman) has challenged Memo. dated 6.6.97 issued by the Dy. Secretary, Government of West Bengal, Labour Department intimating the workman that in the terms of section 12(5) of the Industrial Disputes Act, 1947 the Government do not consider the matter to be a fit case for making reference to any adjudicating forum.

(2.) It appears that the workman was an employee of respondent No. 3 (hereinafter referred to as the company). The company initiated a disciplinary proceeding against the workman and dismissed the workman from the services of the company. Since an industrial dispute between the company and their workmen was pending before the 7th Industrial Tribunal, West Bengal, the company preferred an application under section 33(2) (b) of the Industrial Disputes Act, 1947 before the Tribunal for approval of the action in dismissing the workman.

(3.) It appears that by an order No. 36 dated 13th March, 1992 the Tribunal passed an order refusing to approve the action of the company. It further appears that being aggrieved by and dissatisfied with the aforesaid order No. 36 dated 13th March, 1992 passed by the Tribunal company instituted a writ proceeding being Matter No. 2918 of 1992. It appears that on July 8, 1993 Susanta Chatterji, J. (as his Lordship then was) by an order quashed the said order No. 36 dated 13th March, 1992 passed by the Tribunal and the matter was sent back on remand before the Tribunal. The relevant portion of the judgment and order passed by Susanta Chatterji, J., on July 8, 1993 in Matter No. 2918 of 1992 is quoted hereinbelow :-