JAGADAMBA MOTOR Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Order No. 72, dated September 18, 2008, passed by the Judge, 2nd Industrial Tribunal, is called in Question in the present petition. By the said order, the petitioner (hereafter the employer) has been directed to pay a sum of Rs. 13,500 to the third respondent (hereafter the workman) within three months from date. It is noticed from the impugned order that the Tribunal overruled the objection raised by the employer that the reference is not maintainable.

(2.) While arguing that the impugned order is illegal and hence unsustainable in law, Sri Bhanja Chowdhury, learned counsel for the employer contended that the workman did not raise any dispute with the employer and, therefore, the Government erred in making the reference vide Order, dated March 31, 2004. Reliance was placed on the decision in Sindhu Resettlement Corporation, Ltd. v. Industrial Tribunal of Gujarat AIR 1968 SC 529 : 1968-I-LLJ-834, wherein the Apex Court held as follows:

(3.) The order of reference, dated March 31, 2004, was next questioned. According to him, the workman had on his own left the service of the employer without taking any permission after defalcating an amount of Rs. 5,000. Since the workman had voluntarily left service, the reference made by the Government ought to be interdicted by the Court of writ.