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Judgment
Shampa Dutt (Paul), J.:
Affidavit of service filed be taken on record.
The writ application has been preferred being aggrieved by an impugned award dated 17.12.2024 passed by the learned Third Industrial Tribunal, Kolkata. It appears that the relief prayed for by the petitioner herein is for quashing and setting aside of the portion of the Award dated 17.12.2024, to the extent it records that “closure of the factory is proved” in Case no. 19/2020 under Section 10(1B)(d) of Industrial Disputes Act, 1947.
It is submitted that the “issues” which were decided by the Tribunal do not have relation to closure of factory and it is stated that as such the learned tribunal has gone beyond the reference, which it cannot do.
On hearing the learned counsel for the petitioner and on perusal of the materials on record, it appears that the issues in the said impugned award decided are as follows:-
“(i)Is the instant application under Section 10(1B)(d) of the Industrial Disputes Act, 1947 maintainable?
(ii)Is the dismissal of applicant Sri Ashok Kumar Adak from service by the management on 04.03.2019 is illegal and unjustified?
(iii)What relief/reliefs, if any, the applicant/workman is entitled to?”
The Learned Tribunal considering the materials on record, decided the said issues as follows:-
“It is ORDERED that the dismissal of the applicant/workman Ashok Kumar Adak from his service under M/s. Ganges Vally Foods Pvt. Ltd. is found as illegal and unjustified. Since it has been admitted and proved that the functioning of the factory has been closed down permanently, passing an Award directing reinstatement with full back wages does not arise and accordingly reinstatement and back wages is not awarded to the applicant/workman.
But the applicant/workman is awarded compensation amounting to Rs.8,56,428/-against full and final quit of all the claims of the workman.
The OP/Company i.e. M/s. Ganges Vally Foods Pvt. Ltd.
is directed to pay a sum of Rs.8,56,428/- (Rupees eight lakh fifty six thousand four hundred twenty eight only) in full and final quit of all the claims of the applicant/workman Sri Ashok Kumar Adak.
This is the award of this Industrial Tribunal in this case.”
From the affidavit of service it appears that the service upon the respondent no.3 in respect of whom reinstatement has been prayed for, it appears that the service has returned with the endorsement “Abolished this firm”. It appears that the respondent no.3‟s firm has closed down.
The Learned Tribunal considering the said fact rightly decided that though the Tribunal held that the dismissal was illegal and unjustified, the Tribunal could not pass an order of reinstatement or back wages. The Tribunal then proceeded to award compensation. The tribunal considered the issue of closure, as it was connected, dependent and consequential to answer the reference before it and the said consideration prima facie is in accordance with law.
The principal contention of the petitioner herein is that another reference being dated 14.03.2022 is pending consideration by the Tribunal wherein the issues are as follows:-
“(1)Whether the Stoppage of the operation of factory by the management of M/s. Ganges Vally Foods Pvt. Ltd. w.e.f. 04.03.2019 by declaring “Temporary Closure” is justified?
(2)Whether the closure declared by the management w.e.f. 04.08.2020 is real?
(3)What relief, if any, are the workmen, those who did not accept the
terminal benefits offered by the management, entitled to?”
It is clear from the said issues framed that the respondent no.3 has stopped operation of the factory and the said reference is only for taking a decision as to whether the said closure is justified?
Considering the said facts it prima facie appears that the respondent no.3 has closed down the factory, as also seen from the service return and also from the issues in the reference dated 14.03.2022.
Thus considering the said facts, this Court finds no illegality in the impugned award, which has been passed in accordance with law.
The reference dated 14.03.2022 is to decide as to whether the „closure‟ is real (?), supports the fact that the unit is presently closed and is further supported by the service return. As such the reference dated 14.03.2022 can be decided independently and presently has no affect on the impugned award.
WPA 17697 of 2026 is dismissed.
Applications, if any, connected thereto stand disposed of consequently.
Interim order, if any, stands vacated.
Photostat certified copy of this Judgment, if applied for, be given to the parties on priority basis upon compliance of all formalities.