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1999 Supreme(Cal) 591
High Court Of Calcutta
S. B. SINHA,. , M. H. S. ANSARI, D. P. KUNDU
SAMPAT B.G. - Appellant
Versus
STATE OF WEST BENGAL - Respondent
M. F. A. 862 Of 1997
Decided On : 10/14/1999
Ananta Kumar Shaw, ARUNAVA GHOSH, D.K.GHOSH, PARTHA SARATHI SENGUPTA, RAJAN DE, S.BATTACHARYA, S.PAL
The Industrial Tribunal has the discretion to grant interim relief under Section 15 (2) (b) of the Industrial Disputes Act, 1947, as amended by the State of West Bengal, and the grant of such relief is not mandatory.
Headnote:
INDUSTRIAL DISPUTES ACT - SECTION 15 (2) (B) - INTERIM RELIEF - GRANT OF INTERIM RELIEF - DISCRETION OF INDUSTRIAL TRIBUNAL - PRIMA FACIE CASE - REFUND OF INTERIM RELIEF - CONSTITUTIONALITY OF SECTION 15 (2) (B).
Fact of the Case:
In three different references, the correctness of a Division Bench decision of the Calcutta High Court in Ganges Printing Ink Factory Employees Industrial Co-operative Society Ltd. and Anr. v. The 7th Industrial Tribunal and Ors. was doubted. The references raised questions regarding the grant of interim relief under Section 15 (2) (b) of the Industrial Disputes Act, 1947, as amended by the State of West Bengal.
Finding of the Court:
1. The Industrial Tribunal has the incidental power to grant interim relief in an industrial proceeding in exercise of its power under Section 10 (4) of the Industrial Disputes Act, 1947. 2. Section 15 (2) (b) of the Industrial Disputes Act, as amended by the State of West Bengal, is not unconstitutional. 3. The Industrial Tribunal has the discretion to grant interim relief under Section 15 (2) (b) of the Act, and the grant of such relief is not mandatory. 4. The Industrial Tribunal must consider the facts and circumstances of each case and determine whether a prima facie case exists before granting interim relief. 5. The interim relief granted under Section 15 (2) (b) is final and binding on the parties and cannot be directed to be refunded. 6. The proviso to Section 15 (2) (b), which provides for the quantum of interim relief, is an integral part of the provision and cannot be read independently. 7. The provisions of Section 17-B of the Act and the West Bengal Payment of Subsistence Allowance Act, 1969, are beneficent in nature and must be construed liberally. 8. An interim relief can be granted even if no written statement has been filed by the parties, but the Tribunal must have before it all the material facts either from the pleadings or from the records. 9. The interim relief under Section 15 (2) (b) can be granted from the date of reference and not prior thereto.
Issues: 1. Whether the Industrial Tribunal has the discretion to grant interim relief under Section 15 (2) (b) of the Industrial Disputes Act, 1947, as amended by the State of West Bengal? 2. Whether the grant of interim relief under Section 15 (2) (b) is mandatory? 3. Whether the Industrial Tribunal must consider the facts and circumstances of each case and determine whether a prima facie case exists before granting interim relief? 4. Whether the interim relief granted under Section 15 (2) (b) is final and binding on the parties and can be directed to be refunded? 5. Whether the proviso to Section 15 (2) (b), which provides for the quantum of interim relief, is an integral part of the provision and can be read independently? 6. Whether the provisions of Section 17-B of the Act and the West Bengal Payment of Subsistence Allowance Act, 1969, are beneficent in nature and must be construed liberally? 7. Whether an interim relief can be granted even if no written statement has been filed by the parties? 8. From which date the interim relief under Section 15 (2) (b) can be granted?
Ratio Decidendi: 1. The Industrial Tribunal has the discretion to grant interim relief under Section 15 (2) (b) of the Act, and the grant of such relief is not mandatory. 2. The Industrial Tribunal must consider the facts and circumstances of each case and determine whether a prima facie case exists before granting interim relief. 3. The interim relief granted under Section 15 (2) (b) is final and binding on the parties and cannot be directed to be refunded. 4. The proviso to Section 15 (2) (b), which provides for the quantum of interim relief, is an integral part of the provision and cannot be read independently. 5. The provisions of Section 17-B of the Act and the West Bengal Payment of Subsistence Allowance Act, 1969, are beneficent in nature and must be construed liberally. 6. An interim relief can be granted even if no written statement has been filed by the parties, but the Tribunal must have before it all the material facts either from the pleadings or from the records. 7. The interim relief under Section 15 (2) (b) can be granted from the date of reference and not prior thereto.
Final Decision: The references made to the Court were answered accordingly. The Court directed that the matters be placed before the appropriate Bench for determination on merit, with no order as to costs.
( 1 ) REFERENCE to this Full Bench has been made by three different orders in this matter, as the correctness of the Division Bench decision of this Court in Ganges Printing Ink Factory Employees Industrial Co-operative Society Ltd. and Anr. v. The 7th Industrial Tribunal and Ors. , 91 CWN 480, was doubted in Webel Nicco Electronics Ltd. v. Mrs. Anima Roy, (1997-II-LLJ-80) (Cal-DB), which view has been reiterated by one of us D. P. Kundu, J. in B. C. Sampat (Babulal Gordhandas Sampat) v. The State of West Bengal and Ors. . 1991 (1) CLJ 338.
( 2 ) KEEPING in view the said references, one of us in CESC Ltd. v. State of West Bengal, also directed that the matter be heard by a larger Bench and in particular in view of the fact that therein inter alia, the vires of Section 15 (2) (b) of the Industrial Disputes Act, 1947 as amended by the State of West Bengal, had been questioned.
( 3 ) AS the questions raised before us are pure questions of law and as this Bench has been called upon to answer the reference only, it is not necessary to state the fact of the matter in detail. Suffice it to point out that in all the aforementioned cases, the services of the employees had been terminated by their employers whereafter industrial disputes were raised. In the said references prayers had been made for grant of interim relief in terms of Section 15 (2) (b) of the Act which had been allowed in the case of Webel Nicco Electronics Ltd. v. Mrs. Anima Roy and: others (supra) and C. E. S. C. Ltd. v. State of W. B. and Ors. , whereas, the same has been refused in the case of B. G. Sampat (Babulal Gordhandas Sampat) v. The State of W. B. supra. In B. G. Sampat's case, the Court refused to allow the prayer made by the workmen inter alia, on the ground that the State of West Bengal had no jurisdiction to make a reference under Section 10-C of the Industrial Disputes Act, 1947 as the entire cause of action had arisen outside its jurisdiction.
( 4 ) SECTION 15 (2) (b) of the Industrial Disputes Act reads thus :--"15 (2 ). Where an industrial dispute has been referred to a Labour Court or Tribunal, it shall- (b) upon hearing the parties to the dispute determine within a period of 60 days from the date of reference under Sub-section (1) of Section 10 or within such shorter period as specified in the order of reference under Sub-section (1) of Section 10 the quantum of interim relief admissible, if any; provided that the quantum of interim relief relating to discharge, dismissal, retrenchment or termination of service of workman shall be equivalent to subsistence allowance as may be admissible under the West Bengal Payment of Subsistence Allowance Act, 1969. "
( 5 ) THE question that an Industrial Tribunal as also a Labour Court has the incidental power to grant interim relief, in an industrial proceedings in exercise of its power under Section 10 (4) of the Industrial Disputes Act is no longer res-integra in view of the decision of the Supreme Court in Hotel Imperial v. Hotel Imperial Workers Union. (supra)
( 6 ) ALTHOUGH, such a power existed, the State of West Bengal inserted the aforementioned provision keeping in view the law's delay as would appear from the statements of objects and reasons thereof. The vires of the said provision has inter alia been questioned on the ground that as discharge, dismissal, retrenchment or termination had been classified together and some amount of subsistence allowance has to be granted despite existence of different fact situations obtaining in different cases.
( 7 ) MR. Pal, the learned counsel appearing on behalf of the writ petitioner in W. P. No. 1013 of 1999 inter alia, submitted that the said provision is unconstitutional as by reason thereof no discretion has been conferred upon the Industrial Tribunal or the Labour Court, as the case may be, in the matter of grant of interim relief in favour of the workmen. Strong reliance in this connection has been placed on Delhi Transport Corpor
