Shampa Sarkar, J. - (1.) The Court : The petitioner is a company incorporated under the Companies Act, 1956 (hereinafter referred to as 'said Act'). This writ petition has been filed by the said company assailing the order dated January 15, 2016 passed by the learned Judge, 2nd Labour Court, Calcutta in Case No.13 of 2007 under Section 10- 1B(D) of the Industrial Disputes Act, 1947. By the order impugned the application dated November 5, 2015 filed by the petitioner- company was rejected. By the said application dated November 5, 2015 the company made a prayer for rejection of the application/reference filed by the predecessor-in-interest of the respondent nos.3 to 7, namely, Devanand Singh, since deceased.
(2.) The contention before the learned tribunal made on behalf of the company was that the application before the tribunal having arisen as per the provisions of Section 2A of the Industrial Disputes Act, 1947 the same could not continue before the said tribunal at the instance of the respondent nos.3 to 7.
(3.) The background of the case is as follows: Devanand Singh, since deceased, claiming to be a workman under the Company filed an application under Section 10(1-B)(D) of the Industrial Disputes Act, 1947 (hereinafter referred to as 'said Act') before the learned Judge, 2nd Labour Court, Calcutta with the prayer that his termination of service by the company should be declared to be void ab initio and the company should be directed to reinstate the said workman by giving him regularity in service and awarding him full back wages with consequential reliefs and cost of litigation. During the pendency of this application before the learned tribunal the applicant before the learned court below expired on 17th June, 2010. Thereafter, by an application the respondent nos.3 to 7 were sought to be substituted in the said proceeding. The learned court below passed an order allowing the substitution of the respondent nos.3 to 7 in the said proceeding before the said court. The order of substitution was assailed before this Court by way of filing of a writ petition being WP No.148 of 2012. By an order dated March 27, 2012 a learned Single Judge of this Court directed the learned Labour Court to bring on record the respondent nos.3 to 7 as the legal representatives of the Devanand Singh, since deceased and further observed that the claim of the respondent nos.3 to 7 who were substituted in the said proceeding before the learned Labour Court in place of the deceased Devanand Singh would be restricted only to the monetary relief which may have been prayed for by the deceased Devanand Singh and awarded. ;