WEBEL NICCO ELECTRONICS LIMITED Vs. ANIMA ROY

JUDGEMENT

(1.) -The issue before this court is whether a Tribunal can refuse to dispose of an application for interim relief under section 15(2) (b) of the, Industrial Disputes Act, 1947 (hereafter referred to as the Act) until the workman files the written statement.

(2.) Before considering the issues, I must say that I am baffled by the reluctance shown in this case by the workman to file a written statement. Ordinarily the delay in disposing of an Industrial Dispute is attributed to the employer who would he interested in defeating the outcome of the dispute by exhausting the workman. In this case admittedly the workman was served with the charge sheet on 29th June, 1991. The charges are serious ones. The domestic enquiry was held between 10th July 1991 to 5th October 1993. The enquiry officer found the workman guilty. On l6th November 1993 the employee was dismissed. According to the employer this was done on a consideration of the report of the enquiry officer, records, documents and the gravity of the misconduct committed. A dispute was raised by the workman. the Government of West Bengal referred the following issue for adjudication to the Tribunal:

(3.) Notices were issued by the Tribunal on 23rd June 1995 fixing 25th July 1995 for appearance by the parties. On 25th July 1995 the parties appeared and the workman was directed to file her written statement by 25th August 1995. She has not filed her written statement till today. She did however file an application for interim relief.