- (1.) I have gone through the order No. 45 dated 8th September, 2000 passed in Case No. VIII-146/96 impugned in this writ petition. The same is a well reasoned one. Interim relief under section 15(2)(b) of the Industrial Disputes Act as amended in West Bengal can be granted if prima facie case is made out. It appears from the materials produced that a prima facie case is made out. I do not find any perversity or infirmity in the impugned order in order to invoke writ jurisdiction.
(2.) Learned Counsel for the petitioner contended that section 15(2)(b) of the Industrial Disputes Act does not apply in the present case since the workman had left the service on his own accord. Therefore, in the present case, unless the workman is able to establish a prima facie case contrary to the case pleaded by the petitioner employer, section 15(2)(b) of the said Act cannot be attracted. He has relied on the decision in the case of Webel Nicco Electronics Limited vs. Anima Roy, CLT 1997(1) HC 243 and B. G. Sarnpat vs. State of West Bengal & Ors., reported in 1999(83) FLR 1078, in order to contend that unless a prima facie case is made out, no order under section 15(2)(b) of the said Act can be passed. According to him, such prima facie case can be made out only by leading evidence and not otherwise. He further contended that the case is at the final stage. Therefore, no order should be passed at this stage.
(3.) So far the above contentions are concerned, the dispute raised by the workman is that he has been refused employment. The defence of the employer is that he has left the service on his own accord. This is the bone of contention which requires determination. This cannot be decided as an issue in order to determine a prima facie case. Prima facie case is to be found out on the basis of the materials produced before the Court. It does not require full-fledged hearing. Even if, ultimately, the workman's case might fail, still then it can be allowed on the basis of the materials produced, if a prima facie case is made out. In the present case after having gone through the impugned order as observed earlier, it appears that prima facie case has been gone into by the learned Tribunal and it found that the prima facie case does exist. The said finding is a finding oi fact. Sitting in writ jurisdiction, the said finding of fact cannot be interfered with. It is a revisional jurisdiction which is concerned with the legality of the order, particularly with regard to the jurisdiction. The question whether he has left the service on his own accord or he had resigned is to be determined or the basis of the evidence that might be led by the parties at the time of the trial. Any finding recorded in this order or any order passed by the learned Tribunal are all tentative and not be taken into account at the time of final determination. All points are always kept open in.;