( 1 ) BOTH the appeals and the writ application filed by the appellants herein involving similar questions of fact and law were taken up for hearing together and are being disposed of by this common judgment.

( 2 ) THE fact of the matter is in a narrow compass.

( 3 ) THE concerned workman Sitala Prasad Pandey had admittedly been working with the appellant-trust. His services had been terminated; with regard whereto an industrial dispute was raised and pursuant thereto a reference was made by the State of West Bengal to the respondent No. 1 herein. The said reference was registered as a Reference No. VIII-330/85.

( 4 ) IN its written statement, the appellant in the said reference raised various contentions including one that the trust being a charitable institution, is not an industry. The said question was raised as a preliminary issue but the Tribunal directed that the said issue would be considered along with the merit of the matter. However, an application was filed by the concerned workman for grant of an interim relief as envisaged under Section 15 (2) (b) of the Industrial Disputes Act as inserted by amendment made by the State Government i. e. West Bengal