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2001 Supreme(Cal) 530

D.K.SETH
KAMARHATTY COMPANY LTD – Appellant
Versus
STATE OF WEST BENGAL – Respondent


DILIP KUMAR SETH, J.

( 1 ) MR. Chakraborty, learned counsel for the petitioner has assailed the order dated August 23, 1999 passed by the learned Judge, 8th industrial Tribunal in Case No. VIII-158 of 1999, filed under Section 15 (2) (b) of the industrial Disputes Act, According to him, section 12 (6) of the Industrial Disputes Act, as amended in West Bengal, provides certain time limit for making reference by the conciliation officer. In this case, he points out that the reference was made and the report was submitted after the expiry of the said period and thus in terms of Section 12 (6) of the Act, as amended in West Bengal, the reference is bad prima facie for finding out a case in order to grant interim relief under Section 15 (2) (b) of the said Act. He then contends that even on merit the learned Tribunal has misdirected itself in finding out a prima facie case. He contends that if it is found that the workman earned Rs. 600 per month the said amount shall be taken into consideration for the purpose of grant of ad interim relief and the said factor is to be taken note of. According to him, in view of the decision in Webel Nicco Electronics Ltd. v. Anima Roy [2000] 1 CHN 1 a









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