PERTABGHUR TEA ESTATE Vs. HIREN BHUMIJ

JUDGEMENT

(1.) Heard Mr. R. Sarmah, the learned counsel appearing on behalf of the petitioners. Mr. A. Dasgupta, the learned Senior Counsel assisted by Mr. F.Z. Mazumdar, the learned counsel appears on behalf of the respondent No. 1.

(2.) The petitioners by way of the present proceedings have questioned the legality and validity of the Award on preliminary issue dtd. 30/3/2015 as well as the Final Award dtd. 31/12/2016 passed in Reference Case No. 01/2010. It is pertinent herein to observe that as per the Final Award dt. 31/12/2016, the learned Labour Court answered the reference in favour of the respondent No. 1 i.e. the workman holding inter alia that the Management of the Petitioner No. 1 Tea Estate (for convenience referred to as, "Petitioner Tea Estate") was not justified in dismissing the service of the respondent No. 1 and further ordered that the respondent No. 1 is entitled to reinstatement in service with 50% back wages.

(3.) The legality of the impugned Award on preliminary issue dtd. 30/3/2015 and the Final Award dtd. 31/12/2016 in Reference Case No. 01/2010 can be discerned on the basis of the facts which led to the filing of the instant proceedings. Accordingly, the facts leading to the present proceedings are briefly mentioned hereinafter.