D.Basu, J. - (1.) An industrial dispute arising out of the dismissal of some workmen of the Appellant Company was referred by the State Government to the Third Industrial Tribunal, West Bengal.
(2.) The Industrial Tribunal made its award on the 4th of December, 1958, holding that the dismissed workmen should be reinstated and that they should be paid by way of compensation 1/3 of the emoluments for the period between the dates of their dismissal and the dates of their re-instatement An appeal to the Supreme Court by special leave against this award failed. Subsequently, 44 of the workmen, who got the award in their favour filed applications before the State Government for recovery of the benefits due to them in terms of the award, as just stated, and, under Sub-section (2) of Section 33C of the Industrial Disputes Act, 1947, (hereinafter referred to as 'the Act'), the State Government specified the second Labour Court (Respondent No. 2) as the Labour Court authorised to compute, in terms of money, the benefits due to the workmen and forwarded the applications of the workmen to the Labour Court for "necessary action" (vide Government letter dt. November 9, 1960, in Ann. A to the appellant's petition under Article 226].
(3.) The appellant raised several objections as to the jurisdiction of the Labour Court to make the computation on such reference from the State Government but the Labour Court, overruling the objections of the appellant, made its order computing the benefits recoverable from the appellant and that order, dated 19-2-62. is at Ann. E;