Kalyanmoy Ganguli, J. - (1.) The Court : In this application under Article 226 of the Constitution of India, the petitioner originally challenged an award passed on February 6, 1989 by the 5th Industrial Tribunal, West Bengal in case No. VIII-56, 1979 which is annexure 'I' to the writ petition. By a supplementary application filed with the leave of the Court, the petitioner has also challenged the connected order of reference being Order No. 1037-IR/IR/11L-406/78 dated 14.3.79 of the Government of West Bengal, Labour Department.
(2.) The matter was hotly contested by the respondent No. 3, the union of the workmen of the petitioner by filing affidavits.
(3.) The issues were referred by the Government to the 5th Industrial Tribunals, West Bengal hereinafter referred to as the Tribunal. The petitioner has come up against the decision made in respect of issue No. 2 only which is as follows :- "Whether the demand for payment of House Rent Allowance to these workmen who are residing in tin sheds is justified ? To what relief, if any, are the concerned workmen entitled ?" The Tribunal passed a very lengthy award and the argument of the respondent No. 3 before this Court was lengthier.;