THE MANGEMENT OF TOCKLAI EXPERIMENTAL STATION CINNAMARA Vs. THE PRESIDING OFFICER LABOUR COURT AND ORS.

JUDGEMENT

(1.) BY a notification dated the 3rd July, 1961 the following points were referred to the Labour Court. Assam by the State Government for adjudication.

(2.) THE labour Court by its award dated the 20th December 1963 held that Management was not justified in retrenching Sri Chakravarty and directed his reinstatement in the post with continuity of service from the date of (sic) with full back wages that may be due after making necessary adjustment of the amount paid to him as retrenchment compensation The labour Court further directed that on reinstatement Shri Chakravarty for the period of his employment in the Calcutta University will be entitled to the difference of his pay and allowances for that period at Tocklai and those in the Calcutta University Regarding issue No. 2(a) the Labour Court found that the Management's action in not placing Shri Pujari in the Senior Technical Grade was justified He, however held that in the circumstances of the ease the Management should have promoted him to the Selection Grade with effect from the 4th April. 1961, It is against this award that the present petition has been filed by the Management under Article 226 of the Constitution.

(3.) COMING to issue No. 1(a) and (b). Shri S. Chakravarty was working as Second Chemist under Dr. N.B. Chanda He was working in his special research work on favour of lea The services of Shri Chakravarty were terminated The case of the Management is that due to financial difficulty and the fact that the research of the favour of tea had vielded no result for six years, the Management decided to close this branch and to retrench the employee connected with the said favour research work The termination of the services of Shri Chakravarty on the Management's own showing amounts to retrenchment as defined unde the Industrial Disputes Act The Labour Court has held that the reasons given by the Management for closing the favour research section and for terminating the services of Shri Chakravarty are not genuine and the retrenchment was not bona fide The finding of the Labour Court is assailed on the ground that the relevant questions for determining whether the retrenchment was bona fide or not have not been taken into consideration by the Labour Court. It is also urged that the Labour Court is not right in observing that there is no evidence in support of the statement' showing the fall in income.