Pankaj Sarma S/o Jatin Sarma vs Management of M/s Abdos Lamitubes Pvt. Ltd.

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Gau) 845

DEVASHIS BARUAH
Pankaj Sarma S/o Jatin Sarma – Appellant
Versus
Management of M/s Abdos Lamitubes Pvt. Ltd. – Respondent

Advocates:
Advocate Appeared:
For the Petitioner:Mr. A. Biswas, Advocate
For the Respondent:Mr. A. Dasgupta, Sr. Advocate, Ms. B. Das, Advocate

JUDGMENT :

The instant writ petition has been filed by the petitioner challenging the order dated 28.03.2011 passed in Misc. Case No.1/2010, arising out of the Reference Case No.12/2008.

2. The facts leading to the filing of the instant writ petition are that the Government of Assam by a Notification No.G.L.R.46/08/30 dated 4th of July, 2008 referred the dispute that had arisen between the respondent No.1 and the petitioner to the learned Labour Court, Guwahati, Assam on the basis of which a Reference Case being Reference Case No.12/2008 was registered and numbered. The terms of reference, as per the said Government notification dated 4th of July, 2008, are reproduced herein under:-

(i) Whether the management is justified in terminating or dismissing or discharging Shri Pankaj Sarma, complainant by not treating as a workman under the Industrial Disputes Act, 1947.

(ii) Whether the management is justified in terminating or discharging Shri Pankaj Sarma, complainant without furnishing him the copy of the Enquiry Report and without following the basic principles of natural justice as alleged?

(iii) If not, what relief he is entitled to?

3. From the order sheets of Reference Case No.12/2008