P. C. Borooah, J. - (1.) By a Notification No. 2291-CS1 dated June 4, 1977 issued by the Government of West Bengal, Closed and Sick Industries Department, the petitioner company were declared to be a relief undertaking in exercise of the power conferred by Section 3 of the West Bengal Relief Undertakings (Special Provisions) Act, 1972 (hereinafter the Act) from June 4, 1977 till June 3, 1978.
(2.) By another Notification of the same date bearing No. 2298-CSI issued in the exercise of the power conferred by Section 4 of the Act, it was directed that in relation to the petitioner company all the enactments specified in the Schedule to the Act shall net apply and the operation of all contracts, assurances of property, agreements, settlements etc. to which the petitioner company was a party or which may be applicable to them will remain suspended for the period indicated in the first Notification. Copies of both these Notifications are included in annexure "A" to the petition. By a Notification No. 7923-CSI dated Oct. 3, 1980, copy of which is annexure "D" to the petition, an amendment was made to the Notification No. 2298-CSI whereby the provision relating to the non-applicability of the Acts mentioned in the Schedule was omitted. The said Notifications were extended from time to time and by a Notification bearing No. 4032-CSI dated June 12, 1981 issued under section 4 of the Act it was directed that the provisions of the Notification bearing No. 2298-CSI dated June 4, 1977 read with Notification No. 7923-CSI dated October 3, 1980 in relation to the Company would remain in force for the period up to December 3, 1981. This last Notification was published in an Extraordinary Issue of the Calcutta Gazette dated June 12, 1981.
(3.) By an order dated March 20, 1978 issued by the Labour Department of the Government of West Bengal an Industrial Dispute between the petitioner company and its workman Anil Chandra Dhar, the Respondent No. 3, was referred to the 2nd Labour Court, West Bengal under section 10 read with section 2A of the Industrial Disputes Act, 1947, for adjudication of the, following issue : "Is the dismissal of Sri Anil Chandra Dhar justified? What relief, if any, is he entitled to - Copy of this order is annexure "B" to the petition.;