ASHIM KUMAR BANERJEE, J. - (1.) Since both the appeals involve identical questions of fact and law, we intend to dispose of both the appeals by this common judgment.
(2.) One Sri Sukumal Ghosh (FMA No. 419 of 2002) and Sri Kalidas Paul (FMA No. 420 of 2002) both workmen of the appellant were retrenched by the appellant with effect from 5/09/1997 and 29/12/1997 respectively. The appellant thereafter intimated the concerned authority about such retrenchment in accordance with the provisions of Industrial Disputes Act, 1947 (hereinafter referred to as 'the said Act of 1947'). The appropriate authority thereafter initiated the conciliation proceedings.
(3.) During the pendency of the conciliation proceedings, both the workmen approached the Labour Tribunal directly under the provisions of Section 10(1-B) of the said Act, 1947 after obtaining necessary certificate from the concerned authority.;