WORKMEN Vs. ANANDA BAZAR PATRIKA LIMITED

JUDGEMENT

(1.) In this appeal, the appellant has questioned a judgment and order dated 10.9.97, passed by a learned single Judge of this court whereby and whereunder the writ application filed by the respondent Nos.1 and 2 herein questioning an order dated 17.7.97 passed by the 5th Industrial Tribunal, West Bengal in Case No. VIII-143/89, was set aside.

(2.) The basic fact of the matter is not in dispute. A reference dated 9.5.89 was made by the State of West Bengal, being the appropriate Government in terms of section 10(1) of the Industrial Disputes Act, in relation to the following issues: 1. Wages for the period from 26.4.84 to 4.7.84. 2. Shift duty for despatch section workmen. 3. Salary for 5.7.84 4. Encashable earned leave for 1985. The parties, after the said reference had been made, filed their respective written statements. Allegedly, the workmen had been relying upon the documents beyond their pleadings. An objection was raised by the respondent No. 1 herein and by an order dated 12.10.93 the said objection had been overruled. Prior thereto, the workmen intended to file an additional written statement. No leave was granted therefor. The respondent No. 1 questioned the said order dated 12.10.93 by filing a writ application before this court, which was marked as C.O. 1706 (W) of 1994. The matter was considered by Shyamal Kumar Sen, J, and his Lordship after hearing the learned counsel for the parties at the motion stage itself by an order dated 26.6.95 directed:

(3.) It is, however, placed on record that the workmen had produced a number of documents before the learned Tribunal with its leave. The said documents having being proved, most of them had been marked without any objection. However, in relation to certain documents objection had been taken as regards their admissibility on the ground that the same were beyond the pleadings of the workman. By reason of the order dated 17.7.97 the learned Tribunal observed :