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1972 Supreme(Cal) 18

B.C.MITRA
INDIA FOILS LTD. – Appellant
Versus
THE 5th INDUSTRIAL TRIBUNAL, WEST BENGAL – Respondent


Advocates Appeared:
A.K.DUTTA, Saraf

( 1 ) THIS is an application for appropriate order and/or directions directing the respondents not to give effect to or enforce an order of the respondent No. 1, being order No. 27 of July 3, 1971.

( 2 ) THE petitioner's employees are members of a Trade Union known as India Foils Employees' Union. According to the petitioner most of the supervisors and staff assistants, who are members of the Association, are not "workmen" within the meaning of the Industrial Disputes Act and for that reason, are not competent to raise any industrial dispute. According to the petitioner again although the supervisors and staff assistants are not entitled to raise an industrial dispute, they purported to raise such a dispute before the Labour Directorate, Government of West Bengal through the third respondent. An order of reference was made on June 4, 1969, by which the dispute raised by the said workmen was referred to the first respondent. The issues framed in the order of reference are: 1. Incentive/production bonus. 2. Gratuity. Written statements were filed before the first respondent according to the directions given. On March 21, 1971, the third respondent filed a petition before the first r




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