- (1.) A writ petition was filed by the petitioner-company challenging an award dated 16th April, 2003 passed by the Industrial Tribunal directing reinstatement of the workers. During the pendency of the writ petition an application under Section 17-B of the Industrial Disputes Act (for short "the Act") has been filed by the Respondent No. 3 that is, the Carrier Transport Mazdoor and Employees Union. The prayer in the said application is as under:- "In the circumstances aforesaid your petitioners/workmen, i.e., the Respondent No. 3 herein pray that your Lordships may graciously be pleased to pass an order directing the writ petitioner herein to pay the full wages, w.e.f. 4.9.1999 to the workmen during the pendency of this writ proceeding and/or your Lordships may pass such further order or orders as seem fit and proper."
(2.) Parties have exchanged affidavits. Thereafter, the matter came up for hearing.
(3.) Mr. Arunabha Ghosh, learned Advocate on behalf of the company submitted that the application is not maintainable as under the provisions of Section 17-B of the Act it is the workman who has to file an application. Even assuming it is maintainable, the application does not contain the names of the workers and there is no statement that they are not employed in any establishment.;