- (1.) This appeal is directed against a judgment and order dated August 18, 1999 passed by a learned single Judge of this Court in W.P. No. 1490 of 1999 whereby the writ petition filed by the first respondent herein was disposed of by directing: "The workman is out of employment since 1988 and he has not been paid any amount till date, although there is such a direction passed against the petitioner in the year 1991. The question has arisen in this case that if once the payment is made and the workman loses his case before the Tribunal then what is the guarantee available to the employer to get back the amount advanced to him. At the same time the Court should not close its eyes to the reality of the situation that a poor workman is out of employment for several years and no payment has been made by the employer. While striking a balance I think it would be appropriate to direct the petitioner to pay Rs. 15,000/- towards the subsistence allowance as interim relief on the basis of an affidavit by giving an undertaking that the workman shall refund the same in case he loses his dispute before the Industrial Tribunal. In so far as the balance amount is concerned, the employer shall furnish a bank guarantee and satisfying the Tribunal about the furnishing of such bank guarantee and the Industrial Tribunal on being satisfied of furnishing of bank guarantee by the petitioner shall proceed with the hearing of the case and dispose of the same finally within a period of four months from the communication of this order. The petitioner is directed to go on paying the aforesaid sum at Rs. 1,003.00 as interim relief month by month before the 10th of every succeeding month till the conclusion of the case before the Industrial Tribunal".
(2.) The basic fact of the matter is not in dispute. The appellant herein was an employee of the respondent No. 3. His services were terminated in the year 1988 with regard whereto an industrial dispute was raised. The State of West Bengal being the appropriate Government by an order dated August 28, 1989 raised the said dispute for adjudication before the respondent No.2 herein.
(3.) As far back as in the year 1991 an application was filed in terms of Section 15(2) (b) of the Industrial Disputes Act as amended by the State of West Bengal and the said petition was allowed. However, the respondent company did not appear in the said proceedings despite service of notice.;