KISHLAY FOODS PVT. LTD. Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. Y Kothari, the learned counsel appearing on behalf of the petitioner. Mr. A Dasgupta, the learned Senior Counsel assisted by Ms. B Das, the learned counsel, who appears on behalf of the respondent No.3. Ms. U Das, the learned Additional Senior Govt. Advocate, Assam who appears on behalf of respondent No.1.

(2.) The petitioner herein has approached this Court challenging the award dtd. 10/5/2016 passed in Reference Case No.2/2015 and Case No.1/2015. The petitioner has also assailed the execution proceedings being Execution Case No.4/2016 pending before the Court of the learned District Judge, Kamrup(M) Guwahati, which is consequential to the Award dtd. 10/5/2016.

(3.) The brief facts which had led to the present proceedings are that the respondent No.3 was initially appointed as a contract employee by the petitioner company on 5/8/2003 and subsequently his services were regularized as permanent employee on or from 1/9/2006 with a permanent ESI No.430069555. It is alleged on behalf of the petitioner that the respondent No.3 took leave on 10/6/2013 without making any formal application as per the procedure of the company and chose to come back to rejoin after 1(one) month 20(twenty) days of unauthorized absence i.e., from 10/6/2013 to 30/7/2013. The petitioner company on the basis of Clause 11(b) of its Standing Orders, dispensed with the services of the respondent No.3. The respondent No.3 being aggrieved preferred an application under Sec. 2 A (2)/33 C (2) of the Industrial Disputes Act, 1947 (for short, the Act of 1947), challenging the said termination of the respondent No.3 before the learned Labour Court, Guwahati. This application was registered as Case No. 1/2015. In the meantime, the appropriate Government, i.e. the State of Assam had made a reference to the learned Labour Court, Guwahati vide Notification dtd. 30/1/2015 and the issues which were referred to were: