- (1.) IN this application under Article 226 of the constitution of India the petitioner is praying for appropriate writs directed against an order of Reference made and dated 4th february, 1978, the order of the Tribunal dated 27th June, 1979 and an award made thereon on the 29th October, 1979.
(2.) THE facts of this case which are relevant for the purpose of this case are shortly as follows :the petitioner-company carries on the business of grinding minerals such as lime stone, dolomite and china clay from lump to powder. According to the petitioner from 1973 the petitioner's business has been adversely affected by various factors. Some incidents of the same have been given in the petition. According to the petitioner it was compelled to declare a lay-off in its factory at Belghoria with effect from the 25lh of March, 1976, which was challenged by the workers of the petitioner. Thereafter there was a memorandum of settlement signed on the 1st June, 1976. It is alleged that thereafter there was a negotiation pursuant to such settlement. Thereafter the notice of retrenchment was issued in respect of one Dhiren Chakraborty who did not accept such retrenchment. According to the petitioner it was compelled to retrench the members of its staff numbering two (2) at the said factory. Thereafter Dhiren chakraborty and the third respondent purported to dispute the retrenchment and by an order of Reference dated the 4th February, 1978, in exercise of the power conferred by s. 10 of the Industrial Disputes Act, 1947 the State Government referred the said dispute to the Second Industrial Tribunal. The issues are as follows : "1. Whether the retrenchment of Shri dhiren Chakravarti is justified ? What relief, if any, is he entitled to ?"
(3.) AFTER receipt of the Order of Reference notices were issued by the Tribunal to the parties fixing 10th April, 1978, for appearance when the petitioner-company appeared. Thereafter the union appeared on behalf of the workman and filed its written statement. Thereafter the petitioner-company filed its written statement. Thereafter the union filed a petition for hearing on a preliminary point first before going into the merits of this case. By an Order No. 14 dated the 27th June, 1979, this prayer of the union for hearing on the preliminary point was allowed and the Tribunal directed the preliminary hearing on the preliminary issue reading as follows : "whether the conditions precedent for retrenchment as required under S. 25f of the Industrial Disputes Act, 1947, have been complied with ?";