AMAR NATH DEY Vs. SEVENTH INDUSTRIAL TRIBUNAL

JUDGEMENT

(1.) IN the instant petition, the petitioner workman, ha$ challenged an order passed by the Tribunal rejecting the application of the workman for disposing of the application for review made by the employer of the order passed earlier directing payment of interim relief under Section 15 (2) (b) of the Industrial Disputes Act to the workman and directing that such review application will be disposed of along with the main reference.

(2.) IT may be noted after reference of the industrial dispute to the said tribunal the petitioner on 9th November 1989 filed an application under section 15 (2) (b) of the Industrial Disputes Act for interim relief whereupon the employer took a preliminary point that the petitioner was not a workman. The said preliminary objection was heard and by an award dated 24th October, 1990 the Tribunal held that the petitioner was not a workman.

(3.) THE aforesaid decision of the Tribunal was challenged before this hon'ble Court under Article 226 of the Constitution of India being Matter no. 2485 of 1991 which was finally disposed of by Prabir Kumar mazumdar, J. (as he then was) by an order dated 4th March, 1994 by which the writ application was allowed. The order of the Tribunal was set aside and the matter was remanded hack to the Tribunal to decide the issue under reference and also to decide the application of the petitioner for interim relief under section 15 (2) (b) of the said Act on merits. By the said order it will dispose of the said application of the petitioner under section 15 (2) (b) of the Act for interim relief as early as possible pending hearing of the reference.