Ajit Kumar Sengupta, J. - (1.) These four matters are heard together as they raise common question of law for determination by the Special Bench.
(2.) At the outset it is necessary to state briefly the circumstances under which the matters have come before the Special Bench. The General Electric Company of India Ltd., the appellant in F.M.A. T No. 1876 of 1985 moved a Writ Application on 24th August, 1984 challenging, inter alia, the order dated 4th July, 1987 passed by the Fifth Industrial Tribunal. By the said order the Tribunal held that in the proceeding under Section 33(2) (b) of the Industrial Dispute Act, 1947 (hereinafter referred to as the said Act), the earlier Tribunal did not decide finally the legality and propriety of the enquiry but came to a merely prima facie the finding in this regard. The said application was dismissed by U. C. Banerjee, J. by his Judgment and order, dated 22nd May, 1985. An appeal was preferred by the General Electric Company of India Ltd. against the said judgment and order. On 2nd September, 1985 the Division Bench presided over by Chittatosh Mookerjee, C.J. (as his Lordship then was) referred the said appeal to a larger Bench consisting of three learned Judges having regard to the fact that a similar reference had already been made by a Division Bench presided aver by Anil K. Sen, J. (as his Lordship then was) in F.M.A.T. No. 2087 of 1985 Machinery Manufacturers Corporation Ltd. v. Third Industrial Tribunal, West Bengal and Ors.
(3.) In the case of Machinery Manufacturers Corporation Ltd. similar question as regards the power and scope of the Tribunal under Section 33(2) (b) of the said Act came up for consideration before U. C. Banerjee, J. who dismissed the Writ Application of the employer and the said appeal was allowed by The Division Bench and the Rule was restored to the file for hearing by a larger Bench consisting of three learned Judges.;