- (1.) The Court: In this writ proceeding the writ petitioner has challenged order No. 36 dated 5th September, 2002 and order No. 43 dated 15th January, 2003 passed by the Fourth Industrial Tribunal, West Bengal (hereinafter referred to as the said Tribunal) in case No. VIII-100/2000.
(2.) By virtue of order No. 115-IR dated 19.7.2000 issued by the Government of West Bengal, Labour Department, the following issues were referred to the said Tribunal for adjudication. Issues 1. Whether the dismissal of Shri Tapan Prasad Banerjee (Ticket No. 3986) from his service with effect from 30.1.98 is justified 2. What relief, if any, is he entitled to
(3.) By virtue of a purported award dated 15.5.2002 the said Tribunal passed a "....No-dispute award on footing that there exists no dispute between the parties". The relevant lines from the aforesaid award dated 15.5.2002 are set out herein below: "After the receipt of the reference usual notices were sent to the parties for their appearance and for filing written statement. Both the parties file their respective written statements in due course. Thereafter the case was fixed for hearing. It reveals from the record that the workman has taken several adjournments on different pretext. Today is also fixed for hearing on validity of the domestic enquiry. The learned advocate for the company is present and the workman is absent on repeated calls. At that time learned advocate for the workman named Shri Swapan Bhattacharya personally appeared before the Court and submits that his client has no instruction to proceed with the case and he further submits that in so many occasions he contracted with his client but he did not turn up so necessary order may be passed by this Tribunal. The totality would go to show that the workman is not at all diligent to proceed with the case and he is in habit of adjournment after adjournments and this day took no steps. It, therefore appears that it is of no use to drag the matter any further and it is a fit case passing a no-dispute award. I, therefore, pass a no-dispute award on footing that there exists no dispute between the parties. This is my award. The award be sent to the Government." (emphasis added);