W.W.A.Cossipore English School vs The State Of West Bengal & Ors on 8 September, 2017
Again a learned Single Judge in the case of C.E.S.C
Limited Vs. State of West Bengal and Others, reported in 2008(3)
CHN 329 had occasion to consider the issue. The Court held that
the position of law is clear that it is obligatory for the employee
to raise a dispute with the employer before setting in motion
both the administrative and the adjudicatory mechanism under
the Act. The introduction of Section 2A cannot be construed to
have diluted this fundamental requirement. From this Mr. Dutta
argued that as the workman did not approach the management
of the petitioner the reference is bad as no industrial dispute was
raised.