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1993 Supreme(Cal) 226

Bhagabati Prasad Banerjee, Baboo Lall Jain
Vishan Roy – Appellant
Versus
Bayer India Ltd – Respondent


Advocates:
Advocate Appeared:
Arunava Ghosh, Partha Sarathi Sengupta, S.N. Sanyal, S. Sarkar, Tapati Dasgupta.

JUDGMENT

1. THIS is an appeal against the judgment and order dated 12th December 1990 passed by the learned trial judge in C. O. No. 103 (w) of 1989 dismissing the writ application filed by the appellant writ petitioner against the order dt. 17th June, 1988 passed by Shri R. K. Ghatak, Judge, 8th Industrial Tribunal rejecting the application of the workman for interim relief as provided under section 15 (2) (b) of the West Bengal Amendment of the Industrial Disputes Act.

2. IN this appeal the question arose as to the scope and ambit of the power of the Industrial Tribunal under section 15 (2) (b) of the Industrial dispute Act, 1947 as amended by the West Bengal Industrial Dispute (2nd amendment) Act, 1980. For deciding the issue raised in this appeal it would be necessary for us to refer to the provisions of section 15 (2) (b) of the said Act which is as follows : "15 (2) Where an industrial dispute has been referred to a labour court or tribunal it shall -a) after filing of statements and taking of evidence give day to day hearing and give its award, upon determination or decision in the manner specified in 17b without any delay : b) Upon hearing the parties to the dispute, deter









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