MECON LIMITED Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) By this writ application the writ petitioner, the Company, has challenged an order of reference dated June 8, 2000 issued by the Assistant Secretary to the Government of West Bengal under Section 10 of the Industrial Disputes Act ('Act') before the 9th Industrial Tribunal, Durgapur.

(2.) There is no dispute that petitioner has already entered appearance and filed written statement before the Tribunal.

(3.) The grievance of Mr. Sengupta, the learned counsel appearing on behalf of the petitioner in this writ application is twofold. First, Mr. Sengupta has contended that there was no sufficient material before the appropriate Government to refer the dispute to the Tribunal under Section 10 of the Act. Secondly, Mr. Sengupta contends that in the fact of the present case there exists no relationship of employer and employee between the parties and as such no industrial dispute has arisen justifying reference.