Kabir, J. - (1.) The Government of West Bengal in its Labour Department had by an order dated 15th March, 2001, referred an industrial dispute between M/s. Titagarh Jute Mill No. 2, Licensee : Loomtex Engineering Private Limited and their workman represented by Thomas Duff and Associate Employees" Union to the 4th Industrial Tribunal, West Bengal, Calcutta, for adjudication on the following issue :- "Whether the termination of service of Shri Pasiipati Biswas and 35 others (as per list enclosed), by way of refusal of employment with effect from 11.10.1999 is justified and to what relief, if any, are they entitled ?
(2.) On receipt of the order of reference notices were issued to the parties and both the parties appeared and filed their written statements separately. Both the parties exchanged documents and adduced evidence and upon considering the said materials-on-record and the submissions made on behalf of the parties the learned Tribunal by its Award dated 22nd January, 2004, held that the termination of service of the 36 employees under reference by way of refusal of employment with effect from 11,10.1999 was not justified and their services had been terminated illegally. On the basis of such finding the learned Tribunal held further that the employees under reference were, inter alia, entitled to reinstatement in service with full back wages from the date of termination i.e. on and from 11.10.1999. The company was accordingly directed to reinstate the said employees and to pay them their full back wages and other reliefs with immediate effect.
(3.) Challenging the said award, M/s. Loomtex Engineering Private Limited filed a writ petition and during the pendency of the writ application an application was made by the appellant herein and the concerned Union under Section 17B of the Industrial Disputes Act, 1947, on 12th May, 2004, for interim relief during the pendency of the writ petition.;