BABULAL GORDHANDAS SAMPAT Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) In this writ proceeding order No. 33 dated August 18, 1995 passed by the Third Industrial Tribunal in reference case No. VIII 27/92 in connection with an application made by the writ petitioner (hereinafter referred to as the workman) under Section 15(2)(b) of the Industrial Disputes Act, 1947 (hereinafter referred to as the Act) is under challenge.

(2.) By the order under challenge the tribunal dismissed the application of the workman under Section 15(2)(b) of the Act on two grounds. The first ground is that the reference made by the Government of West Bengal prima facie appears to be not sustainable and the second ground is that as a matter of right the workman cannot get order of interim relief and in the facts and circumstances of the case the workman was not entitled to get any such order for interim relief.

(3.) The workman was employed in M/s. Indian Express Newspapers (Bombay) Pvt. Ltd. The employer is having its regional office at 10, Chowringhee Road, Calcutta-13. The petitioner was transferred to Calcutta but he was under the control of Bombay Office. By an order dated Ist August, 1988, the workman was transferred to Bombay Office with effect from 5th August, 1988. However, the workman did not carry out the said order of transfer. By a letter dated 22nd November, 1988, the petitioner was asked to show cause us to why he should not be dismissed from company's service. The show cause notice is quoted hereinbelow :-