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RAJA BASU CHOWDHURY
Gora Chand Adhikary – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
Raja Basu Chowdhury, J.
1. The petitioners claim to have been appointed by the company namely M/s Eastern Paper Mills Ltd. The petitioners claim that they were refused employment. Challenging refusal of employment, a conciliation proceeding was initiated. Subsequently, the appropriate Government by powers conferred under Section 10 read with Section 2A of the Industrial Disputes Act, 1947 (hereinafter referred to as the “said Act”) was, inter alia, pleased to frame the following issues and had referred the same to the Fifth Industrial Tribunal:
2. What relief, if any, are the workmen entitled to?”
2. Subsequently by order of the Labour Department the case was transferred to the Second Industrial Tribunal.
3. In connection with the above reference case the petitioners had filed an application under Section 15(2)(b) of the said Act. The same was, however, rejected on the ground that the same was filed belatedly.
4. Being aggri
An employee who is refused employment without any cause is entitled to reinstatement and back wages.
The main legal point established in the judgment is that when a party has notice of the proceeding, the Tribunal is not obliged to issue any further notice or show cause prior to passing an ex-parte ....
The Labour Court's jurisdiction is limited to the terms of reference, and it may determine the issue of whether an individual is a 'workman' as defined in law within that framework.
The main legal point established in the judgment is that under Section 2A of the Industrial Disputes Act, 1947, an individual workman can approach the Labour Court directly against alleged terminatio....
A workman must demonstrate that an industrial dispute remains alive despite delays; failure to do so renders the dispute stale and unenforceable.
The deeming fiction of permission for retrenchment under Section 25 N of the Industrial Disputes Act, 1947, and the availability of an effective alternative remedy for the appellant under the Act.
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