WEST BENGAL INDUSTRIAL DEVELOPMENT CORPORATION LIMITED Vs. WEST BENGAL INDUSTRIAL DEVELOPMENT CORPORATION EMPLOYEES UNION

JUDGEMENT

(1.) IN this application, the appellants, the West bengal Industrial Development Corporation, its Board of Directors and Chair-man-cum-Managing Director have asked for stay of operation of the ex-parte interim order dated 2nd December, 1983 passed by B. C. Ray, J. upon the writ application filed by the West Bengal industrial Development Corporation Employees' 'union and its General Secretary. By the said interim order, the appellants have been restrained from appointing and/or absorbing the respondent No. 4 in the writ application (the respondent no. 3 herein) in the post of Manager (Personnel and Administration) in the west Bengal Industrial Development Corporation without complying with the Regulations 7 (1) and 7 (2) of the west Bengal Industrial Development, corporation Limited Staff Regulations,

(2.) SINCE elaborate arguments have been made by the learned Advocates appearing on behalf of the parties on both sides, we have thought it fit to deliver a judgment dealing with the rival contentions although in disposing a stay application during the pendency of the appeal, ho judgment is usually pronounced. To appreciate the rival contentions, it is necessary to state briefly the facts of this case.

(3.) THE principal appellant before us, the West Bengal Industrial Development corporation Limited (hereinafter referred to as the Corporation) is a Government company within the meaning of the Companies Act, 1956. It is an undertaking of the Government of West Bengal under the administrative control of the Commerce and Industries Department. The Respondent No. 1, West Bengal Industrial Development Corporation employees Union, a trade union registered under the Trade Unions Act, 1926 and the Respondent No. 2, its General secretary, are the writ petitioners.