SAMPAT B G Vs. STATE OF WEST BANGAL

JUDGEMENT

(1.) Reference to this Full Bench has been made by three different orders in this matter, as the correctness of the Division Bench decision of this Court in Ganges Printing Ink Factory Employees Industrial Co-operative Society Ltd. and another v. The 7th Industrial Tribunal and others, 91 CWN 480, was doubted in Webel Nicco Electronics Ltd. v. Mrs. Anima Roy, (1997-II-LLJ-80) (Cal- DB), which view has been reiterated by one of us D.P KUNDU, J. in B.G. Sampat (Babulal Gordhandas Sampat) v. The State of West Bengal and others. 1991 (1) CLJ 338.

(2.) Keeping in view the said references, one of us in CESC Ltd. v. State of West Bengal, also directed that the matter be heard by a larger Bench and in particular in view of the fact that therein inter alia, the vires of Section 15 (2) (b) of the Industrial Disputes Act, 1947 as amended by the State of West Bengal, had been questioned.

(3.) As the questions raised before us are pure questions of law and as this Bench has been called upon to answer the reference only, it is not necessary to state the fact of the matter in detail. Suffice it to point out that in all the aforementioned cases, the services of the employees had been terminated by their employers whereafter industrial disputes were raised. In the said references prayers had been made for grant of interim relief in terms of Section 15 (2) (b) of the Act which had been allowed in the case of Webel Nicco Electronics Ltd. v. Mrs. Anima Roy and; others (supra) and C.E.S.C. Ltd. v. State of W.B. and others, whereas, the same has been refused in the case of B. G. Sampat (Babulal Gordhandas Sampat) v. The State of W.B. supra. In B.G. Sampat's case, the Court refused to allow the prayer made by the workmen inter alia, on the ground that the State of West Bengal had no jurisdiction to make a reference under Section 10-C of the Industrial Disputes Act, 1947 as the entire cause of action had arisen outside its jurisdiction.