Pratap Kumar Ray, J. - (1.) (Oral) - Heard the learned advocates appearing for the parties in both the appeals.
(2.) Challenging the judgment and order dated February 8, 2008, passed in G.A. No.3991 of 2002, read with G.A. No.1594 of 2006, in connection with Writ Petition No.2098 of 2002, the appeal being APO No.146 of 2008 has been preferred by the company STP Limited.
(3.) The judgment under appeal arose out of consideration of the application of recalling the order dated October 8, 2002, passed in G.A. No.3991 of 2002, being an application filed under section 17B of the Industrial Disputes Act by the workman. On October 8, 2002, when the writ petition was moved assailing the award passed by the First Industrial Tribunal, West Bengal, directing reinstatement in service of the workman, along with the application filed by the workman seeking relief under section 17B of the Industrial Disputes Act, the following order was passed: "The Court: Having heard the learned Counsel appearing for the parties and considering the facts and circumstances of the case, I am of the view that this petition should be decided only after filing of affidavits. Accordingly, the respondents are directed to file Affidavit-in-Opposition within 2 weeks after long vacation. Reply, thereto, if any, be filed within one week thereafter. Let this matter be listed for hearing before the appropriate Bench on 3rd of December, 2002. Let there be an interim order in terms of prayer (h) of the writ petition provided the petitioner company makes necessary payment to the respondent workmen in terms of section 17(b) of the Industrial Disputes Act from the months of September, 2002 until further orders of this court. The petitioner company will make the payment for the month of September, 2002 within 21st October, 2002 and the payment for the subsequent months in terms of this order should be made within 7th of each succeeding month. In default of making necessary payment in terms of this order the interim order will stand automatically vacated. The affidavit in opposition filed on behalf of the petitioner company in connection with the application under section 17(b) of the Industrial Disputes Act in Court today be kept on records. Let Affidavit in Reply to the said Affidavit in Opposition be filed by the workmen concerned within 2 weeks after re-opening of this Court. Let the application filed by the respondent workmen under Section 17(b) of the Industrial Disputes Act be listed along with the main writ petition on 3rd of December, 2002 before the appropriate Bench. All parties are to act on a Xerox signed copy of this Dictated Order on the usual undertakings.";