- (1.) In the writ petition the petitioner has challenged the order dated 11.8.2003 transferring the dispute from the learned 2nd Industrial Tribunal where there has been a prolonged vacancy to the learned 8th Industrial Tribunal.
(2.) Learned Advocate appearing on behalf of the petitioner submits that the said transfer of the dispute was carried out pursuant to a representation filed by a workman. Since no copy of such representation was furnished to the petitioner and as no hearing was given prior to such transfer, the order is bad in law. In this regard, reliance has been placed on the judgment of the Apex Court in Management of Nally Bharat Engineering Co. Ltd. vs. State of Bihar & Ors., reported in 1990(2) SCC 48.
(3.) Learned Advocate appearing on behalf of the respondents submits that the judgment of the Supreme Court is not applicable on facts as in that case the dispute was transferred from the Industrial Court in Dhanbad to the Industrial Court in Patna.;