I.P.MUKERJI,J. - (1.) The very interesting point is raised by Mr. Anant Kumar Shaw, learned Advocate appearing on behalf of the petitioner.
(2.) He questions the jurisdiction of the learned Labour Court to entertain an alleged dispute raised by the respondents/workmen, under Section 10(1B)(a) of the Industrial Disputes Act. Under this Section pendency of a conciliation proceeding and absence of a settlement within a period of sixty days from the raising of a dispute is a sine qua non for invoking the jurisdiction of the learned Court. Mr. Anant Kumar Shaw, learned Advocate appearing for the petitioner submits that in this case the petitioner employer did not receive even a notice of any conciliation proceeding having been started. Furthermore, the Conciliation Officer has to give certificate to this effect under the said Section read with Rule 12A of the West Bengal Industrial Disputes Rules, 1958. No such certificate is on record, as submitted. The required application in Form-T has not been filed.
(3.) According to the respondents/workmen the Form-T was lodged after initiation of proceedings by the learned Labour Court.;