MEDLEY PHARMACEUTICALS LTD. Vs. FIRST INDUSTRIAL TRIBUNAL

JUDGEMENT

(1.) This appeal has been preferred challenging the correctness and validity of the judgment and order dated 13th June, 2016, passed in W.P. No. 24999(W) of 2015, on the ground that the impugned judgment and order is bad in law since the Writ Court could not appreciate that ex-parte award, appended as Annexure P-15, has been passed in violation of the provisions of sub-rule (5) of Rule 20-B of the West Bengal Industrial Disputes Rules, 1958 (hereinafter referred to as 1958 Rules) and, as such, the award itself is unsustainable in law.

(2.) The order impugned has also been assailed on the ground that the Writ Court failed to consider that the Tribunal, being a creature of statute has to perform its statutory functions, as provided in sub-rule (5) of Rule 20-B of the 1958 Rules which reads:

(3.) It is sought to be argued on the basis of Rule 20-B of the Rules as amended applicable in State of West Bengal the Tribunal ought to have discharged its statutory duty by supplying the representative of the employer with a copy of the claim or written statement filed on behalf of the union and non-compliance of the provisions of law renders the award a nullity, being in violation of not only the principles of natural justice but also in violation of the statutory rules, as no person having knowledge of the statutory provisions could have acted in the manner in which the Tribunal had acted.