SOUMITRA PAL, J. - (1.) In the writ petition the Petitioner has prayed for several reliefs. The principal grievance of the Petitioner is that Deputy Secretary, Labour Department, Government of West Bengal by his order dated August 29, 2003 has transferred the dispute from the 5th Industrial Tribunal to the 8th Industrial Tribunal, in violation of the principles of natural justice since it was passed without giving an opportunity of hearing to the Petitioners and ignoring the fact that the 5th Industrial Tribunal is functioning. Reference is made to the order dated August 28, 2003 passed by the 5th Industrial Tribunal in another dispute to demonstrate the fact that the order was passed in complete non-application of mind. Thus, it is submitted that order and the consequential order should be quashed.
(2.) Reliance has been placed on the judgment of the Apex Court in Management of M.S.Nally Bharat Engineering Co. Ltd. v. State of Bihar & Ors. reported in 1990 (2) SCC 48 : 1990-II-LLJ-211.
(3.) Learned advocate appearing on behalf of the Respondent No. 4 does not dispute the proposition of law as laid down by the Supreme Court. It is submitted that the Secretary of the Labour Department, Government of West Bengal may be directed to pass necessary orders after hearing the petitioners.;