JUDGEMENT
Kalyanomy Ganguli, J. -
(1.) In this application under Article 226 of the Constitution of India, an award dated 22nd December, 1988 passed by the learned 3rd Industrial Tribunal, West Bengal and order No. 10 passed by the said learned. Tribunal being Annexures 'A' and 'D' to the petition have been challenged.
(2.) The matter was very hotly contested. No affidavit-in-opposition has been filed by the respondents. Mr Jatin Gosh, Bar at Law, submitted that no affidavits would be necessary as the issue involved is purely a question of law. It is not necessary to go into all the rival contentions made at the hearing for the purpose of deciding the rule and/or issue involved in the matter.
(3.) The short facts leading to the petition are as follows:- The petitioner No. 1 purchased 2 partnership firms, namely, M/s. B.S. Industries and M/s. B.S. Machine Tools Corporation on or about 21st August, 1985. The petitioner No. 1 is a private limited company registered under Companies Act, 1956. Four dates are relevant for the purpose of understanding the sequence of certain events. These are as follows:
1. 22nd December, 1988 The impugned award was passed. 2. 19th January, 1989 The award was published in the Calcutta Gazelle. 3. 7th March, 1989 The petitioner company for the first time came to know about the said award.;
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