DANIELI ENGINEERING INDIA Vs. STATE OF WEST BEGAL

JUDGEMENT

(1.) THIS writ application is filed by the petitioner company for setting aside the order dated December 9,2005 passed by the Learned 4th Industrial Tribunal, West Bengal in case no. VIII-51/04.

(2.) THE respondent no. 3 was a permanent employee of the petitioner company. By a communication dated December 4, 2002 the petitioner was transferred from the head office with effect from December 5, 2002. The respondent no. 3 approached the union alleging that the above order of transfer had been passed arbitrarily. The respondent no. 3 was placed under suspension with effect from January 3, 2003. Thereafter, the matter went for conciliation before the Assistant Labour commissioner, Government of West Bengal. Ultimately a proceeding was initiated before the learned 4th Industrial Tribunal, West Bengal in terms of the order of reference dated May 26, 2004.

(3.) THE respondent no. 3 filed an application under Clause (b) of sub-section (2)of Section 15 of the Industrial Dispute Act 1947 before the Learned Tribunal for a direction upon the petitioner company for payment of interim relief. The Learned Tribunal by the impugned order dated December 9, 2005 allowed the above application of the respondent no. 3 directing the petitioner company to pay the interim relief to the respondent no. 3 from the date of filing the aforesaid application @ 50% for the first ninety days and thereafter @ 75% till the disposal of the reference case. The aforesaid order dated December 9, 2005 is under challenge in this writ application.