Bhagabati Prosad Banerjee,J. - (1.) This is an appeal against the order dated September 2,1997 passed by the learned trial Judge allowing the writ application holding, inter alia, that the Tribunal had become functus officio after the commencement of the Award under Section 17-A of the Industrial Disputes Act.
(2.) The tact of this case is that one Ram Sub-hag Rai was dismissed from service of the appellant and thereafter after conciliation proceedings the State Government has referred the matter to the 4th Industrial Tribunal for adjudication under order of reference dated December 30,1993 on the following issues: "(A) Is the dismissal of Sri Ram Subhag Rai justified? (B) What relief, if any, is he entitled to?"
(3.) Thereafter, it appears that the Tribunal has issued notice to both the parties and waited for a long time and ultimately the Tribunal passed a 'No Dispute' Award on June 29, 1994 and in that Award the Tribunal has stated that in view of the fact that none of the parties appeared and contested the matter, industrial dispute no longer exists. On coming to know of the said ex pane award the appellants/petitioners filed an application before the Tribunal and by the order: dated December 20,1996 the Tribunal has set aside the 'No Dispute' Award passed by the Tribunal on June 29,1994 and restored the case to its original file and number accepting the contention of the Union and the workman that the notices were not properly served and they did not receive the notice issued by the Tribunal.;