In this writ proceeding order No. 33 dated August 18, 1995 passed by the Third Industrial Tribunal in reference case No. VIII 27/92 in connection with an application made by the writ petitioner (hereinafter referred to as the workman) under section 15(2)(b) of the Industrial Disputes Act, 1947 (hereinafter referred to as the Act) is under challenge.

2. By the order under challenge the tribunal dismissed the application of the workman under Section 15(2)(b) of the Act on two grounds. The first ground is that the reference made by Government of West Bengal prima facie appears to be not sustainable and the second ground is that as a matter of right the workman cannot get order of interim relief and in the facts and circumstances of the case the workman was not entitled to get any such order for interim relief.

3. The workman was employed in M/s. Indian Express Newspaper (Bombay) Pvt. Ltd. The employer is having its regional office at 10, Chowringhee Road, Calcutta-13. The petitioner was transferred to Calcutta but he was under the control of Bombay Office. By an order dated 1st August, 1988, the workman was transferred to Bombay Office with effect from 5th August, 1988. However,