LAWS(GAU)-2018-4-89

MANAGEMENT OF CACHAR PAPER MILL HINDUSTAN PAPER CORPORATION LTD Vs. PRESIDING OFFICER, INDUSTRIAL TRIBUNAL, SILCHAR AND ANR INDUSTRIAL TRIBUNAL, SILCHAR, ASSAM

Decided On April 10, 2018
Management Of Cachar Paper Mill Hindustan Paper Corporation Ltd Appellant
V/S
Presiding Officer, Industrial Tribunal, Silchar And Anr Industrial Tribunal, Silchar, Assam Respondents

JUDGEMENT

(1.) Heard Mr. J. Roy, learned counsel for the petitioner as well as Mrs. Rita Das Mazumdar, learned Amicus Curiae.

(2.) The issue involved in the present case is with regard to whether the last drawn wages of the workman would have to be paid under section 17(B) of the Industrial Dispute Act, 1947, (hereinafter referred to the 1947 Act), after the dispute between the parties which was earlier pending in the High Court had been remanded back to the Industrial Tribunal.

(3.) The petitioner's case in brief is that due to the numerous unauthorized absence of the workman, a domestic enquiry had been initiated against the workman, where in it was proved that the workman had been unauthorizedly absent on many occasions. Accordingly, the workman was removed from service vide Order dated 31.01998.