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IN THE HIGH COURT AT CALCUTTA CIRCUIT BENCH AT PORT BLAIR
PARTHA SARATHI SEN
Andaman and Nicobar Cooperative Workers’ Union – Appellant
Versus
Malabar Cooperative Coconut Farming Society Ograbraj – Respondent
JUDGMENT :
PARTHA SARATHI SEN, J.
1. In this writ petition as filed under Article 226 of the Constitution of India the writ petitioner has prayed for issuance of writ of certiorari for quashing of the award dated 18.11.2021 as passed in I.D Case No. 2 of 2010 by the Learned Labour Court, Andaman and Nicobar Islands, Port Blair. By the impugned award the said Labour Court while answering the reference as made by the appropriate Govt. found no illegality regarding termination / retrenchment of 19 workmen who were working under the respondent society.
2. For effective adjudication of the instant writ petition the facts leading to filing of the instant writ petition is required to be dealt with in a nut shell.
3. On 05.12.2007 the petitioner the workers’ union approached the Labour Commissioner, Andaman & Nicobar Islands for taking appropriate steps for regularizing the services of its members who according to the said union are the workers of the respondent society, grant of bonus and for implementing the minimum wages. In course of conciliation proceedings, 23 workers who according to the writ petitioner are the members of the said union were terminated from the service on and from 01.11
Writ of Certiorari is intended to correct jurisdictional excesses.
A workman must demonstrate that an industrial dispute remains alive despite delays; failure to do so renders the dispute stale and unenforceable.
In a case where Section 25-F of the Act applies the workman is bound to prove that he had been in continuous service of 240 days during twelve months preceding the order of termination; in a case whe....
Nomenclature of the petition or the nature of relief sought for is not the only determining factor, but the nature of power available to be invoked before the High Court is one such important guiding....
The main legal point established in the judgment is the requirement for compliance with the provisions of the Industrial Disputes Act, 1947, particularly in cases of termination and retrenchment, and....
Labour Court has held against the workman on the basis that the documents like pay sleep, muster roll etc. are not produced. But, at this juncture, it is require to peruse the oral evidence of the wo....
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