GOUR DEBNATH Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This writ application is filed by the petitioner challenging the award dated March 20, 2008 passed by the First Labour Court, West Bengal rejecting the application of the petitioner filed under section 10(1B) of the Industrial Disputes Act, 1947.

(2.) The facts which appear from the impugned award of the learned First Labour Court, West Bengal, may be stated briefly: The petitioner was a workman under the respondent company. He was dismissed from the services of the respondent company with effect from August 22, 1993. The petitioner raised a dispute before the Labour Department, Government of West Bengal. During the pendency of the dispute both the parties arrived at a settlement and the same was filed by both the parties before the Learned Tribunal and the learned Tribunal passed an award in terms of the settlement. By a communication dated September 22,1996 the petitioner was directed to resume his duties with effect from October 1, 1996.

(3.) Subsequently, the respondent company declared a lockout on and from April 27, 1998. The lockout was withdrawn with effect from November 17, 1998 but the petitioner was not allowed to resume his duties. The petitioner raised an industrial dispute before the Labour Commissioner, Government of West Bengal. According to the petitioner such dispute was not properly entertained and the workman filed an application for issuing certificate. But no certificate was issued. The petitioner, thereafter, filed an application under section 10(1B) of the Industrial Dispute Act, 1947 challenging his retrenchment from the services of the respondent company. The respondent company raised a preliminary objection with regard to the jurisdiction of the learned First Labour Court, West Bengal, to entertain the above application. The learned First Labour Court, West Bengal dismissed the above application of the petitioner. Hence this writ application.