Calcutta High Court
Shipping And Clearing (Agents) Pvt. ... vs State Of West Bengal And Ors. on 16 September, 2005
Equivalent citations: 2006(1)CHN336
Author: Soumitra Pal
Bench: Soumitra Pal
JUDGMENT Soumitra Pal, J.
1. In the writ petition the petitioner has challenged the order dated 11,8.2003 transferring the dispute from the learned 2nd Industrial Tribunal where there has been a prolonged vacancy to the learned 8th Industrial Tribunal.
2. Learned Advocate appearing on behalf of the petitioner submits that the said transfer of the dispute was carried out pursuant to a representation filed by a workman. Since no copy of such representation was furnished to the petitioner and as no hearing was given prior to such transfer, the order is bad in law. In this regard, reliance has been placed on the judgment of the Apex Court in Management of Nally Bharat Engineering Co. Ltd. v. State of Bihar and Ors., .
3. Learned Advocate appearing on behalf of the respondents submits that the judgment of the Supreme Court is not applicable on facts as in that case the dispute was transferred from the Industrial Court in Dhanbad to the Industrial Court in Patna.
4. Heard learned Advocates for the parties.
5. I find that the dispute is a long pending one. It appears from the order dated 11.8.2003, for speedy disposal, the dispute was transferred to 8th Industrial Tribunal by withdrawing the dispute from the 2nd Tribunal as there was a vacancy. Therefore, on facts the judgment of the Supreme Court is not applicable. The petitioner cannot be aggrieved by the order dated 11.8.2003.
6. The writ petition is, thus, dismissed. The learned 8th Industrial Tribunal is directed to take up the matter from the stage from where it was concluded by the 2nd Industrial Tribunal.
7. No order as to costs.
8. Urgent xerox certified copy of this order be given to the appearing parties, if applied for, on priority basis.