SUBHRO KAMAL MUKHERJEE, J. - (1.)This is an application under Article 227 of the Constitution of India challenging Order No. 44 dated August 14, 2002 passed by the learned Judge, Seventh Industrial Tribunal, West Bengal in Case No. VIII-71 of 2000.
(2.)The opposite party No. 2 was a godown keeper of the petitioner-company and he was dismissed from his service on 31/10/1994 on the ground of unauthorised absence. The conciliation proceedings having failed, an industrial dispute has been referred to the Seventh Industrial Tribunal for adjudication.
(3.)The workman filed an application under Section 15(2)(b) of the Industrial Disputes Act, 1947 as amended by the West Bengal Act 33 of 1986. The management raised objection, inter alia, on the ground that the workman was running 'Atta Ka Chaki' at Jhargram and as such he was not entitled to interim relief as he has been gainfully employed.
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