Shampa Sarkar , J. - (1.) Being aggrieved by and dissatisfied with the judgment and order dated September 8, 2017, passed in W.P. no. 23891 (W) of 2016 this intra-court appeal has been filed. By the said judgment the learned Single Judge dismissed the writ petition filed by the appellant challenging an order dated June 30, 2016 passed by the Judge, Second Industrial Tribunal, Kolkata in Case No. VIII-44 of 2009. By order dated January 25, 2018, it was directed that the application for stay would be treated as an informal paper book at the time of hearing of the appeal on the consent of parties.
(2.) The Government of West Bengal by an order dated December 9, 2009 referred a dispute between the appellant and the respondent no. 3, for adjudication on two issues, namely, whether the termination of service of the respondent no. 3 by way of refusal of employment by the management of the appellant school was justified and to what relief was the respondent no. 3 entitled.
(3.) The parties filed their respective written versions before the Tribunal and the concerned workman/respondent no. 3 had also filed an application under Section 15(2)(b) of the Industrial Disputes West Bengal (Second Amendment) Act 1980. The appellant filed a written objection to the said application and also raised an objection about the maintainability of the order of reference on various grounds. By an order dated August 26, 2013, the Tribunal refused to grant interim relief to the respondent no. 3. Aggrieved by the said order the respondent no. 3 filed a writ petition before this court being W.P. no. 17511 (W) of 2014.;