- (1.) THIS application is directed against an order passed by the 5th Industrial Tribunal being Order No. 40 dated 15th september 1982.
(2.) ON 19th January the Government of West Bengal Labour Department referred the dispute between M/s. Met industries of 166 Jessore Road, Calcutta-55" and their workmen represented by E. M. C. Mazdoor Union and Electrical Manufacturing Co. and other workmen Union. The issues referred to the Industrial Tribunal are as follows :- 1. Whether the lockout of the factory with effect from 7. 7. 77 is justified 2. Whether the closure of the factory with effect from 20. 10. 77 is real 3. To what relief if any, are the workmen entitled?
(3.) AFTER the commencement of the proceeding the Tribunal on 23rd February, 1980 refused the prayer of the workmen for leave to be represented by lawyer. The matter came up before this court under Article 226 of the Constitution on 24th April 1981 before P. C. Borooah J. (as he then was ). At the hearing neither the two Unions nor the company appeared before the learned judge. The matter was dealt with ex-parte and Borooah J passed an order, the relevant extract of which is set out hereinbelow : ". . . . . . . . . . . The two Unions for reasons best known to the office bearers of the said unions abandoned the workmen and stopped taking any interest in the dispute which was referred for adjudications. The workmen who were thus left in a helpless condition should therefore be given an opportunity of having their case properly represented before the tribunal. It is nobody's case that the workmen are literate enough to conduct their own case. Under the circumstances, I set aside the impugned order and direct the Tribunal to permit a lawyer to represent the case of the petitioners under the provisions of section 36 of the Industrial Disputes Act. The Rule is thus made absolute but without any order as to costs. ";