THE CENTRAL GOVERNMENT IS THE APPROPRIATE GOVERNMENT IN RELATION TO AN INDUSTRIAL DISPUTE CONCERNING A CONTRACT LABOURER EMPLOYED AT THE OFFICE OF IBP/IOC SITUATED AT IBP HOUSE, 34A, NIRMAL CHANDRA STREET, KOLKATA - 700 013.

JUDGMENT :

Raja Basu Chowdhury, J.

1. The present writ application has been filed, inter alia, challenging the order dated 23rd March, 2023 passed by the learned First Industrial Tribunal, Kolkata, in Case No. VIII-18/2012 under Section 10 of the Industrial Disputes Act, 1947 (hereinafter referred to as the said Act).

2. It is the petitioner’s case that the petitioner is a partnership firm registered under the provisions of the Indian Partnership Act, 1932. In usual course, the petitioner had engaged the respondent no.4 in the year 2001. The petitioner claims that it supplies vehicles to the IOC/IBP on hire, for use of the officers of the Corporation and the respondent no.4 was posted at the office of IBP situated at 34A, Nirmal Chandra Street, Kolkata- 700 013, as a driver to ply the vehicles so supplied by its employer. Records would reveal that on or about 20th April, 2008 the service of the respondent no.4 was terminated.

3. Following the aforesaid, an industrial dispute was raised and the Government of West Bengal, Labour Department vide Memo No.410-IR dated 26th April, 2012 referred the disputes between the parties to the First Industrial Tribunal for adjudication by framing the following issues:

“1. Whether the termination of service by way of refusal of employment of the worker Sri Bhoginder Thakur w.e.f. 20th April, 2008 by the management M/s. Horizon Travels is justified?

2. What relief, if any, is he entitled to ?”

4. It appears that sometimes in the year 2014 the petitioner had filed an application, inter alia, questioning the jurisdiction and authority of the State Government to make the reference and had by such application called upon the Tribunal to take up the same as a preliminary issue and decided the same first before entering into the merits of the case.

5. By order No.39 dated 28th August, 2014, the Tribunal was of the prima facie view that in order to dispose of the preliminary legal objection raised by the petitioner, elaborate evidence is not required for the purpose of ascertaining the appropriate Government, in respect of IOC and IBP Division, situated at IBP House, 34A, Nirmal Chandra Street, Kolkata – 700 013 where the respondent no.4 was engaged as a contract labourer. The Tribunal further taking note of the fact that the objection raised by the petitioner goes to the root of the jurisdiction of the Tribunal, while allowing the application filed by the petitioner, fixed the matter for evidence on 15th October, 2014. After taking evidence on the aforesaid issue, by an order dated 23rd March, 2023, the Tribunal has returned the finding that the reference made by the Labour Department, Government of West Bengal is in order and consequentially placed the matter for evidence on merit. Challenging the aforesaid order dated 23rd March, 2023, the present writ application has been filed.

6. Mr. Dasgupta, learned advocate representing the petitioner, has drawn the attention of this Court to the order of reference, the application for taking up the preliminary issue, the order dated 28th August, 2014 passed by the Tribunal, the evidence adduced on behalf of the workman on 25th May, 2017 and the written statement filed by the respondent no.4. By referring to the aforesaid documents, he submits that from the aforesaid documents it would be apparent and clear that at the relevant point of time when the dispute first arose, the respondent no.4 used to ply the vehicle at the office of IBP having its office situated at IBP House, 34A, Nirmal Chandra Street, Kolkata – 700 013, which fact has been admitted by the respondent no.4 in his evidence.

7. It is still further submitted that since the respondent no.4 was a contract labourer employed under the petitioner and at the relevant point of time when the dispute first arose, was employed at the office of IBP House, 34A, Nirmal Chandra Street, Kolkata – 700 013, the appropriate Government in relation to such dispute would be the Central Government and not the State Government.

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