ANIMA ROY Vs. FOURTH INDUSTRIAL TRIBUNAL

JUDGEMENT

(1.) By an order No. 10 dated March 29, 1996 the Fourth Industrial Tribunal, West Bengal, rejected the prayer of the writ petitioner workman to hear her application for interim relief under Section 15(2)(b) of the Industrial Disputes Act, 1947, until the workman filed her written statement. The said order passed by the learned Tribunal has been challenged in this writ application as illegal and invalid.

(2.) Heard the learned advocates for the petitioner and the respondents.

(3.) It was submitted on behalf of the petitioner that under Section 15(2)(b) since the matter has got to be disposed of within 60 days from the date of order of reference and since such interim order has got nothing to do with adjudication of the reference on merit that the learned Tribunal was not justified in insisting upon filing of the written statement by the petitioner workman before disposal of the prayer for interim relief. It was, however, submitted on behalf of the respondent company that the workman had been intentionally delaying in filing the written statement though under the rules she was bound to do so. He stated that since August 25, 1995 till today number of orders were passed directing the petitioner workman to file written statement which she did not do. The learned counsel also referred to 20-B ofthe West Bengal Industrial Disputes Rules, 1958, from which it will appear that it was the duty of the petitioner workman to file written statement first.