AJIT KUMAR BARAT Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The Court : The challenge in this writ application is by an erstwhile employee of the respondent Indian Tea Association (ITA) to the refusal of the State Government to refer a dispute for adjudication under section 12(5) of the Industrial Disputes Act, 1947 (referred to as the Act).

(2.) The background to the dispute is briefly narrated. The writ petitioner had been transferred by the ITA. The petitioner filed a suit in the City Civil Court at Calcutta challenging the order of transfer. An interim order was passed by the trial court staying the transfer order. ITA preferred on appeal to the High Court (FMAT No. 3116 of 1995). The High Court in turn, stayed the order of the trial court on 27.9.95. The petitioner's special leave petition to the Supreme Court challenging the order dated 27.9.95 was dismissed. The suit is pending.

(3.) ITA issued a termination letter 27.11. 95 dismissing the petitioner from service. The petitioner filed a second suit in the City Civil Court challenging the dismissal and asking for damages and compensation. Thereafter the appeal being FMAT No. 3116 of 1995 was renumbered as FMAT No. 90 of 1996/5 and disposed of by the High Court directing both the suits to be heard and disposed of by the City Civil Court. After this the petitioner raised the dispute before the Conciliation Officer in respect of his termination and withdrew the suit challenging the order of dismissal pending the conciliation proceeding.