The existence of a prima facie case is a requisite condition precedent for granting relief under section 15 (2) (b) of the Industrial Disputes Act, 1947. The Tribunal should consider all the relevant factors, including the charges leveled against the workman, the evidence adduced by both parties, and the principles of natural justice, before granting interim relief.

( 1 ) IN this writ preceeding the writ petitioner (hereinafter referred to as the Company) has challenged the Order No. 55 dated 25. 3. 2003 passed in case No. VIII-215/99 by the Fourth Industrial Tribunal, West Bengal (hereinafter referred to as the Tribunal), in connection with an application preferred by the respondent No. 2 (hereinafter referred to as the workman) under section 15 (2) (b) of the Industrial Disputes Act, 1947 (hereinafter referred to as the said Act) as substituted by West Bengal Act 33 of 1986 for section 15 of the Principal Act.

( 2 ) SAID section 15 (2) (b) of the said Act reads as follows:"15 (2 ). Where an industrial dispute has been referred to a labour Court or tribunal, it shall- a ). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . b) upon hearing the parties to the dispute determine (sic) within a period of 60 days from the date of reference under sub-section (1) of section 10 or within such 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 to discharge, dismissal, retrenchment or termination of service or workman shall be equivalent to subsistence allowance as may be admissible under the West Bengal payment of Subsistence Allowance Act, 1969. "

( 3 ) SAID section 15 (2) (b) of the said Act was considered by a Full Bench of this Court in (1) B. G. Sampat (Babulal Gobardhandas Sampat) vs. State of west Bengal and Ors. , (2) C. E. S. C. Ltd. and Anr. vs. State of West Bengal and Ors. and (3) M/s. Webel Nicco Electronics Ltd. vs. Mrs. Anima Roy and Ors. reported at 2000 (1) CLJ 17. The Full Bench held, inter alia, as follows:" (A) The word 'admissible', inter alia, means in the context of "if it is admissible" and not in the context of section 136 of the Indian Evidence act. (b) The legislature has purposely used the word 'determined' which means 'authoritatively deciding'. (c) A statutory Tribunal exercising a judicial function, it is needless to say, can authoritatively decide only upon considering all relevant materials brought on records by the parties and upon taking into consideration the fact as to whether such relief is admissible either in law or fact. (d) The words 'if any' are also significant. (e) If a power has been conferred upon a Court or statutory Tribunal, the same may be exercised or may not be exercised. Such exercise of power evidently would depend upon (i) the facts and circumstances of each case and (ii) the nature of dispute referred to the Tribunal for adjudication. There cannot be any doubt whatsoever that while discharging functions under section 15 (2) (b) of the said Act, the hands of Industrial Tribunal are not fettered. (f) It has also to be borne in mind that the vary fact that section 15 (2) (b) has been added after section 15 (1) which, inter alia, provides for passing of an award also goes to show that the relief granted in favour of the workman, if any, although interim in nature, is final and binding on the parties. (g) There cannot be any doubt that once an interim relief is prayed for the tribunal has to apply its mind as regard existence of a prima facie case. (h) Reference by the appropriate Government itself cannot constitute a prima facie case in favour of the workman. (i) It is obligatory on the part of the Tribunal, prima facie to consider the merit of the cases of the respective parties as also the nature of dispute upon taking into consideration the relevant materials therefor. (j) The question as to whether in a fact situation a workman is entitled to any interim relief or not will also be a relevant consideration. (k) However, section 15 (2) (b) speaks of an interim relief. The very fact that the words 'interim relief had been used is a pointer to the fact that the same has not been done in the same terms as that of an 'interlocutory order'. Relief has to be granted by way of interim measure. Such a