SHIKSHAYATAN COLLEGE Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The petitioner in this WP under Article 226 of the Constitution of India dated May 5, 2008 is questioning an order of the Second Industrial Tribunal, West Bengal dated April 9, 2008 (WP p.28) allowing an application of the fourth respondent (Anjani Prasad) for setting aside of a no-dispute award (WP p.16) pronounced by it on October 15, 2007. Anjani Prasad was working in Shri Shikshayatan College as a sweeper. Alleging that he was wrongfully retrenched with effect from November 16, 1999 a union espousing his cause raised an industrial dispute. The dispute was ultimately referred by the Government of West Bengal to the Second Industrial Tribunal, West Bengal. The issues specified in the order of reference dated August 8, 2007 were as follows:--

(2.) On October 15, 2007 the Tribunal pronounced the following award:--

(3.) Upon a careful perusal of the different materials available on record, I find that the union has not taken any steps to proceed with this case although notice was served duly upon the union representing the workman. Such being the position, I find no reason to drag this proceeding for an indefinite period of time. In that case if a 'No dispute award is passed that will meet the ends of justice. Hence, it is, Ordered that a 'No dispute' award is passed in this case. Along with this the order of reference together with the issues framed thereunder are disposed of in above terms.