JUDGMENT The facts necessary for the purpose of disposal of this writ application are that the Second Industrial Tribunal by his order dated 2.12.94 disposed of an usual reference namely, whether the dismissal of the petitioner was justified by passing a no dispute award on the ground that though the parties to the proceeding bad filed written statement in the case still then in spite of repeated calls none of the parties was found present nor bad they taken any steps. The workman thereafter filed an application for recalling the said order but the learned Tribunal by its order No. 23 dated 5.1.95 disposed of the said application by rejecting the said prayer. Being aggrieved by the aforesaid order the petitioner bas come up with this writ application praying for quashing the order No. 23 dated 5.1.95. 2. Heard Mr. Bhanja Chowdhury, learned Advocate for the petitioner, Mr. M. C. Das, Id. Advocate for the respondent workman and Mr. Priyatosh Das, learned Advocate for the State-respondents. 3. Learned Advocate appearing for the petitioner challenged the award on the ground that no dispute award is no award at all according to law and accordingly the said order is liable to be set aside. For this purpose he referred to the definition of 'award' in the Industrial Disputes Act, 1947. 'Award' has been defined in Section 2(b) of the said Act as under :- "award" means an interim or a final determination of any industrial dispute or of any question relating thereto by any Labour Court, Industrial Tribunal or National Industrial Tribunal and includes an arbitration award made under Section 10A." There being no interim or final decision of an industrial dispute by passing 'no• dispute award' and there being absolutely no provision in the Industrial Disputes Act allowing any Court or tribunal to pass such order that 'no dispute award' cannot be said to be legally tenable. For this purpose, my attention was drawn to the case of (1) Ganesh Sarkar v. State of West Bengal & Ors. reported in 1988 (1) CHN 207 , where it was held-"in my judgment the First Labour Court proceeded erroneously in not allowing the application for setting aside the "no dispute award" which in fact, is not an award within the meaning of the Section 2(b) of the Act." 4. reported in 1988 (1) CHN 207 , where it was held-"in my judgment the First Labour Court proceeded erroneously in not allowing the application for setting aside the "no dispute award" which in fact, is not an award within the meaning of the Section 2(b) of the Act." 4. Reference was also made to a Division Bench decision of this Court in (2) B. R. Herman and Mohatta (India) (Pvt.) Ltd. v. 7th Industrial Tribunal & Ors. reported in 1977 Lab IC (NOC) 13 (Cal), where the same view was taken that 'no dispute award' is not an 'award under the Industrial Disputes Act, 1947. 5. Mr. Das, learned Advocate for the respondent No.5 submitted that since no party bad made their appearance there was no dispute before the tribunal and he was accordingly justified to pass 'no dispute award'. I am not in a position to agree with this contention because there is no provision in the Industrial Disputes Act authorising the passing of 'no dispute award'. Mr, Das, learned Advocate for the respondent No.5 further submitted that since none of the parties appeared after filing of the written statement and since the tribunal was not in a position to dispose of the matter on contest, he had no other alternative but to pass 'no dispute award'. I also do not agree with this submission of Mr Das. Rule 22 of the West Bengal industrial Disputes Rules, 1958 bas made elaborate provision for dealing with the situation of this nature. It is stated here that when both parties failed to appear the Tribunal, Labour Court or the Arbitrator, as the ease may be, may submit a suitable report to the State Government in web matter and the Tribunal, Labour Court or Arbitrator may submit an award to the State Government on the footing that the industrial dispute under reference is no longer in existence. 6. It is, therefore, clear that no a ward can be passed without interim or final determination of an industrial dispute or of any question relating thereto. As 'no dispute award' is passed without determination of either of these points, such award cannot have any existence in the eye of law and is accordingly liable to be set aside. 7. In the aforesaid view of the matter, the order No. 23 dated 5.1.95 being 'no dispute award' hereby stands quashed. As 'no dispute award' is passed without determination of either of these points, such award cannot have any existence in the eye of law and is accordingly liable to be set aside. 7. In the aforesaid view of the matter, the order No. 23 dated 5.1.95 being 'no dispute award' hereby stands quashed. The writ application is disposed of with this direction upon the learned tribunal to dispose of the reference expeditiously in accordance with law. There will be no order as to costs.