Samaresh Banerjea, J. - (1.) Is an Industrial Tribunal powerless to enforce its order passed under section 15B of the Industrial Disputes Act for payment of interim relief to the workman by the employer when despite the order of the tribunal directing payment of such interim relief, the same is not paid? Can the Industrial Tribunal in such a situation direct payment of such interim relief as condition precedent for the employer to participate in the industrial dispute? Can the writ court in exercise of its jurisdiction under Article 226 of the Constitution of India direct the employer immediately to pay the interim relief directed to be paid by the Industrial Tribunal in favour of the workman when the employer despite such order does not pay such amount, but successfully creates obstruction in the matter of such payment resorting to lengthy litigations?
(2.) All these questions have arisen in the present writ application as despite an order passed by the Industrial Tribunal directing the employer to pay the workman interim relief, the same was not paid by the employer and the prayer of the workman for making such payment as condition precedent to participation in the Industrial Dispute by the employee has been rejected by the Tribunal.
(3.) Admittedly the petitioner who was appointed by the respondent No. 3 as a head office staff and later was transferred to Santoshpore factory of the respondent No. 3 company was dismissed from service from September 21, 1994 after holding a disciplinary enquiry.;