- (1.) This writ application is directed against an award dated March 5, 1998 passed by the learned Judge First Industrial Tribunal, West Bengal in case No. VIII-283 of 1984 holding that the punishment of dismissal of the respondent No. 3 from service was disproportionate and directing his reinstatement in service with 25% of back wages.
(2.) The facts of this case in a nutshell are as under:
(3.) The respondent No. 3 was a workman under the petitioner No. 1. He was a member of the West Bengal Engineer Workers Union with effect from April 1, 1979. The above union submitted a chatter of demand to the petitioner No. 1 on April 17, 1979. Subsequently, a charge-sheet dated May 15, 1979 was issued against the respondent No. 3. The respondent No. 3 submitted his reply to the same. An outsider was appointed as enquiry officer to conduct a domestic enquiry in the matter. He submitted enquiry report to the petitioner company. The respondent No. 3 was dismissed from the service. An industrial dispute was raised in the matter. Consequent upon the failure of conciliation proceeding the matter was referred to the industrial tribunal.;