GANGES PRINTING INK FACTORY EMPLOYEES INDUSTRIAL CO OPERATIVE SOCIETY LTD Vs. 7TH INDUSTRIAL TRIBUNAL

JUDGEMENT

(1.) Tins appeal under clause 15 of the Letters Patent raises a short point as to the scope of an adjudication by the Industrial Tribunal of a claim for interim relief under section 15(2) of the Industrial Disputes Act, 1947, as amended by the West Bengal Industrial Disputes (Second Amendment) Act, 1980. The appeal is directed against an order dated September 17, 1984, passed by a learned Single Judge of this court in a writ proceeding which was registered as Matter No. 222 of 1984. By the order impugned, the learned Judge had dismissed the writ application and had affirmed the order of interim relief dated November 7, 1983, passed by the 7th Industrial Tribunal, West Bengal in Case No.VIII-282/1982. The appellant is Ganges Printing Ink Factory Employees' Co-operative Society Limited and its Assistant Secretary representing the management.

(2.) It is not in dispute that Sushil Kumar Giri (hereinafter referred to as the workman) was an employee under the Ganges Printing Ink Factory Employees' Industrial Co-operative Society Limited (hereinafter referred to as management). He was designated as an "In charge of raw material stores" and was drawing a total salary of Rs.1038/- per month. His services were terminated with effect from October 3, 1981, when he was served with a notice of discharge, such notice assigning no reasons whatsoever for such discharge. Such discharge raised an industrial dispute. The Government of West Bengal by an order dated September 6, 1982, made a reference to the tribunal for adjudication of the dispute as to "whether the termination of service of Sri Sushil Kumar Giri is justified? To What relief, if any, is he entitled ?" The tribunal received the reference on September 21, 1982, and fixed November 26, 1982, as the date for appearance of the parties. The parties appeared. While the workman filed their written statement on December 10, 1982, the management filed their written statement on February 15, 1983. In course of the adjudication proceeding, on September 7, 1983, the workman filed an application for an order for payment of half his salary at the date of his termination by way of interim relief. Such a prayer was made on the ground that for a pretty long time he had been kept unemployed by the management and he not having any other source of income, had been living on other's charity and was about to starve. Obviously the application for interim relief was made in the light of the West Bengal Amendment of the Industrial Disputes Act, incorporating section 15(2) of the said Act.

(3.) This application was opposed on behalf of the management on various grounds. The first objection raised was to the effect that such a prayer not having been within 60 days from the date of reference, was barred by limitation. Secondly; it was contended on behalf of the management that the applicant not being a workman within the meaning of the said Act, the reference itself was incompetent and as such, no interim relief could be granted. Lastly, it was pleaded that the applicant was discharged because the post held by him was abolished and the Society was not in a financial position to retain him in service by offering him any alternative post. Such termination being fully justified, no interim relief should be granted which, if granted, would increase the financial hardship on the management.