M.H.S.ANSARI, J. - (1.) The petitioner, a workman, who was dismissed from service, has filed the instant writ application questioning the order passed by the learned First Labour Court in Case No. 2/2000/10(lB)(d) of the Industrial Disputes Act, 1947, which had been dismissed for the reasons mentioned in the impugned order which are to the following effect: "Under Section 10(lB)(d) of the Industrial Disputes Act, 1947, the conciliation officer shall on receipt of application under Clause (a) issue a certificate within 7 days from the date of receipt of such application. Under Section 10(lB)(c) the party may within a period of sixty days from the receipt of such certificate or where such certificate has not been issued within 7 days as aforesaid, within a period of sixty days commencing from the day immediately after the expiry of 7 days as aforesaid, file an application in such form and in such manner as may be prescribed, to such Labour Court as may be specified by the appropriate Government. The above formalities have not been observed strictly and the applicant has come up with the instant application beyond the period of limitation without any certificate for pendency of conciliation proceeding. In the circumstances, the instant case suffers from lacuna of legal formalities under the Act and Rules and so it is not maintainable and the Court has got no jurisdiction to entertain the case."
(2.) Section 10(1B) was introduced by the State of West Bengal by Act No. 33 of 1989. The underlying object of the said provision is that where in a conciliation proceeding of a dispute, which is an industrial dispute within the meaning of Section 2(k) relating to an individual workman no settlement could be arrived at within a period of sixty days from the date of raising the dispute. The party raising the dispute may apply to the conciliation officer, who on receipt of the same should issue a certificate within 7 days. Thereafter, the party on receipt of such certificate may apply to the Labour Court or Industrial Tribunal as may be specified by the appropriate Government. The Labour Court or Tribunal so specified by the appropriate Government shall within a period of thirty days from the date of receipt of an application from such party after giving a hearing to the parties frame specific issues in dispute and shall thereafter proceed to adjudicate the issues so framed by it as if it was a dispute under Section 10(1) of the Act.
(3.) By this provision the procedure for adjudication of an industrial dispute relating to an individual has been simplified. This provision dispenses with the necessity of even a reference by the Government of such industrial dispute. The time frame has been fixed in the said provision for avoidance of delay.;