- (1.) THIS Court has heard the learned counsel for the petitioner and also the learned counsel for the respondent No. 3, who appeared at the time of hearing to contest the writ petition.
(2.) INDUSTRIAL Dispute arose between the petitioner (M/s. Garden Reach ship Builders and Engineers Limited) and its workmen represented by (1)GRSE Staff Association, (2) GRW Limited Clerks' Union, (3) GRW Mazdoor and Staff Union, and the Government of West Bengal, Labour Department by its order dated 07. 03. 1983 referred to the said dispute to the 7th Industrial tribunal, West Bengal under section 10 of the Industrial Disputes Act, 1947 for adjudication. The issue that was framed in this regard was as follows:-"whether Card Writers/record Keepers of the Company are entitled to same pay, dearness allowance and other benefits as enjoyed by the clerks of the Company ?"
(3.) THE petitioner filed its written statement and the GRSE Staff Association (hereinafter referred to as Staff Association), the GRW Mazdoor and Staff union (hereinafter referred to as Mazdoor and Staff Union) and the GRW limited Clerks' Union (hereinafter referred to as Clerks' Union) filed their respective written statements. The petitioner and the Staff Association adduced their respective evidence. The Mazdoor and Staff Union and the clerks' Union relied upon the settlements arrived at by and between the petitioner and the said two Unions in 1983 but they did not adduce any evidence before the Learned Tribunal. The said Tribunal initially passed an award on 27. 12. 1988 and disposed of the reference case.;