D.P.Kundu, J. - (1.) This is an application for enhancement of payment of salary of the respondent No. 6 under section 17B of the Industrial Disputes Act, 1947.
(2.) In paragraph 6 of the application the applicant stated as follows : "That your applicant states that apart from soreing price index, the salary of the employees' of the writ petitioner company has increased considerably and he would have been get a monthly salary of Rs. 2045.15 (Rupees two thousand forty five and fifteen paise) only per month at the time of passing the Award dated 24.3.94 by learned 5th Industrial Tribunal, West Bengal and/or at present Rs. 3215.65p (Rupees three thousand two hundred fifteen and sixty five paise) only per month if he would not have retrenched from, service by which he has been loosing a considerable amount of money during this period for which he was not in fault." In the said application under section 17B of the Industrial Disputes Act, 1947 the applicant has made the following prayer : "Your applicant therefore most humbly prays that Your Lordship would be graciously pleased to pass an order directing upon the writ petitioner company for payment of salary to which he would have been entitled on the date of the Award of his reinstatement and thereafter as admissible to similarly situated workman, as mentioned in paragraph 6 of the foregoing application to the workman month by month till final disposal of writ application by this Hon'ble Court and pass such order or orders as Your Lordships should deem fit and proper for ends of justice."
(3.) It appears that when the writ application was moved by the writ petitioner on 15.12.94 N.K. Batabyal, J. inter alia, passed the following order : "Learned Advocate for the petitioner is present. Learned Advocate for the workmen is present. Application under section 17B of the Industrial Disputes Act filed by the workmen kept with the records. Let the impugned judgment and award dated 24th March, 1994 passed by the learned 5th Industrial Tribunal, West Bengal as per anenxure-F to the writ petition be stayed till further orders with a condition that the petitioner will go on paying the monthly salary to the workmen from the month of December 1994, the first such payment has to be given by the 7th day of January, 1995.";