- (1.) THE writ petitioner employer has made this writ application challenging an order of 15. 10. 90 passed by the Fifth industrial Tribunal whereby the third respondent Pankaj Kumar Nath was directed to be paid interim maintenance under Section 15 (2) (b) of the industrial Disputes Act, 1947 as amended in West Bengal.
(2.) SECTION 15 as applicable in West Bengal is as follows : west Bengal - (1) Section 15 of the principal Act shall be renumbered as sub-section (1) of that section and in cub-section (1) as to renumber, the words " a Labour Court, Tribunal or" shall be ommitted. (2) After sub-section (1) as so renumbered, the following sub-section shall be omitted (a) after filing of statement and taking of evidence, give day to day hearing and give its award, other determination or decision in the manner specified in Section 17b without any delay : (b) upon hearing the parties to the dispute, determine, within period of sixty days, from the date of reference under sub-section (1) of Section 10 or within\such shorter period as specified in the order of reference under sub-section (1) of Section 10. the quantum of interim relief admissible, if any : provided that the question off interim relief relating to discharge,' dismissal retrenchment of termination of service of workmen shall be equivalent to subsistence allowances as may be adrnissible under the West bengal payment of Subsistence Allowance Act. 1969.
(3.) THE workman was dismissed sometime in 1976. An earlier dispute raised by the Union in 1979 proved to be infructuous because the Union at the material time had lost Its registration.;