- (1.) This writ application is directed against Order No. 81 dated October 18, 2000 passed by the learned Judge, Eighth Industrial Tribunal, West Bengal in an application filed by the petitioner for implementation of an award dated June 27, 1995 passed in Case No. VIII-68/1994. The above award was passed by the learned Judge, Eighth Industrial Tribunal, West Bengal setting aside the order of termination of the service of the petitioner under the respondent No. 1 with a further direction to reinstate him in the service with full back wages from the date of his termination till reinstatement in service. The above award was not implemented by the respondent No. 1. Consequent thereupon, the petitioner filed an application before the learned Court below for implementation of the above award. The above application of the petitioner was rejected by the learned Tribunal by virtue of the impugned order and the same is quoted below:-- I have gone through the application vide the order No. 79 and passed by the Court on the basis of the prayer of the workman himself. The prayer is considered and allowed. Let order No. 79 dated 5.7.00 be vacated. The workman has prayed for filing a complaint before the Secretary, Labour Department for implementation of the order passed by this Court. There is no such provision under Industrial Dispute Act, having a power with this Tribunal. Though the Tribunal should have such power to implement its own order. In the present case, this Tribunal becomes helpless to this workman. But the workman should be given justice by the law of the land. The workman is at liberty to prayer revision against this order before the Hon'ble High Court as I have no other alternative but to reject till prayer of the workman.
(2.) Having heard the learned Counsel appearing for the respective parties as also upon consideration of the provisions of section 11B of the Industrial Tribunal Act, 1947 as amended by the Industrial Disputes (West Bengal Second Amendment) Act as amended by section 5 of the Industrial Disputes (West Bengal Second Amendment) Act, 1980, I find that the impugned order cannot be sustained in law. The above provision is quoted below:-- 11B. Power of a Labour Court or a Tribunal to execute its award by decree, etc.--A Labour Court or a Tribunal shall have the power of a Civil Court to execute its own award as a decree of a Civil Court and also to execute an settlement as defined in clause (p) of section 2 as a decree.
(3.) The impugned order is, therefore, quashed and set aside.;