JUDGMENT :

Raja Basu Chowdhury, J.

1. The petitioners claim to have been appointed by the company namely M/s Eastern Paper Mills Ltd. The petitioners claim that they were refused employment. Challenging refusal of employment, a conciliation proceeding was initiated. Subsequently, the appropriate Government by powers conferred under Section 10 read with Section 2A of the Industrial Disputes Act, 1947 (hereinafter referred to as the “said Act”) was, inter alia, pleased to frame the following issues and had referred the same to the Fifth Industrial Tribunal:

“1. Whether refusal of employment of Sarbashri Ashis Kumar Bose, Dipak Kumar Sen, Gora Chand Adhikari, Sankar Das, Joydeb Bhattacharjee, Haridas Malo and Debasish Banerjee by the management of M/s. Eastern Paper Mill Limited w.e.f. 27.12.2006 is justified?

2. What relief, if any, are the workmen entitled to?”

2. Subsequently by order of the Labour Department the case was transferred to the Second Industrial Tribunal.

3. In connection with the above reference case the petitioners had filed an application under Section 15(2)(b) of the said Act. The same was, however, rejected on the ground that the same was filed belatedly.

4. Being aggrieved a writ application was filed before this Hon’ble Court which was registered as WP No. 15561 of 2012. By an order dated 7th May, 2014, this Hon’ble Court was, inter alia, pleased to set aside the order of rejection and directed the Tribunal to decide the matter on the basis of evidence on record after giving an opportunity to the parties to argue the matter and also directed the Tribunal to revisit the application under Section 15(2)(b) of the said Act, and pass a reasoned order. By the aforesaid order this Hon’ble Court also directed the Tribunal to decide the main matter on merits as expeditiously as possible, preferably within a period of 6 (Six) months from the date of conclusion of evidence.

5. Since then by an order dated 20th March, 2019, the Tribunal was, inter alia, pleased to allow the application under Section 15(2)(b) of the said Act, on contest thereby holding that the petitioners shall be entitled to get interim relief equivalent to subsistence allowance admissible under the West Bengal Payment of Subsistence Allowance Act, 1969, with effect from the date of the order of reference under Section 10(2A) of the said Act. By the aforesaid order the Tribunal also fixed a date for further cross-examination of the opposite party’s witness no. 3. Since then, the matter had been kept pending.

6. In the interregnum, the learned Second Industrial Tribunal, West Bengal, by an order dated 26th May, 2022 was, inter alia, pleased to record that since both parties are not willing to proceed, the case should be dismissed and following such observation, he held since the proceedings under Section 10(2A) of the said Act is dismissed, as the industrial dispute between the parties is no longer in existence. The aforesaid order was directed to be treated as an award.

7. The petitioners were unaware of the aforesaid order and had no notice of such order until the time mentioned hereinafter. Immediately upon ascertaining the factum of passing of the aforesaid award, the petitioners had filed an application before the Tribunal, inter alia, praying for review of the aforesaid order on the ground that the petitioners were unaware of the order of dismissal. During the Covid period the petitioners could not contact their advocates and could not take steps in the matter. In the aforesaid facts the petitioners prayed for review of the order dated 26th May, 2022. The said application was, however, rejected by the Tribunal by order dated 6th September, 2022, inter alia, on the ground that the review petition had not been filed within 15 days from the date of the award, the same was barred by limitation and cannot be considered legally.

8. Mr. Sarkar, learned advocate appearing on behalf of the petitioners, submits that the petitioners were completely in the dark and un