MANABENDRA KUMAR CHOUDHURY Vs. FIRST LABOUR COURT

JUDGEMENT

(1.) In this application under Article 226 of the Constitution of India, an award of the 1st Labour Court, West Bengal, passed on March 25, 1988 which was published in the Gazette of April 20, 1988 is under challenge. The matter was very hotly contested by both the State and the company.

(2.) The short facts leading to the case are as follows: The petitioner at the relevant time was employed as a typist under the Respondent No. 3 company. It is the allegation of the petitioner that the Respondent No. 3 company wrongfully and illegally terminated the service of the petitioner on or about July 20, 1979. This termination of service of the petitioner gave rise to an industrial dispute and a reference was made to the 1st Labour Court under Section 10(1) of the Industrial Disputes Act, 1947 hereinafter referred to as the said Act.

(3.) The issue which was referred to the 1st Labour Court is "Is the termination of service of Manabendra Kumar Choudhury justified? If not what relief, if any, is he entitled?" The order of reference dated February 14, 1980 has been annexed to the petition marked with the letter 'A'.