- (1.) WHILE hearing an industrial dispute between the workman and the petitioner, the 5th Industrial Tribunal, Kolkata had passed an ex parte award dated 26. 2. 2008 directing reinstatement of the workman in service with full back wages w. e. f. 2. 5. 2005.
(2.) THE petitioner had applied before the Tribunal on 2. 5. 2008 for setting aside the ex parte award dated 26. 2. 2008. According to it, provisions contained in Rules 21 and 20b (5) of the West Bengal Industrial Disputes rules, 1985 (hereinafter the said Rules) had not been complied with and, therefore, it had no occasion to contest the proceedings before the said tribunal. By an order dated 30. 9. 2008, the Tribunal has rejected the application filed by the petitioner on the ground that it had become functus officio. It proceeded to record that the award having been made on 26. 2. 2008, it had been published on 27. 3. 2008 and upon expiry of 30 days from date of publication, the award became enforceable and, therefore, the tribunal did not have the jurisdiction to entertain the application.
(3.) IN this petition, inter alia, the ex parte award dated 26. 2. 2008 and the order of rejection dated 30. 9. 2008 are the subject-matter of challenge.;