Subhro Kamal Mukherjee, J. - (1.) This Letters Patent appeal is directed against the judgment and order dated March 26, 1998 passed by a learned single Judge of this Court whereby the learned single Judge allowed an application under Article 226 of the Constitution of India (writ petition in short) and set aside the award passed by the Second Industrial Tribunal, West Bengal in Case No. VIII 54-75 and remitted the matter to the said Tribunal for proper adjudication.
(2.) The brief facts leading to filing of this appeal may be summarised as under: The management of Modern Food Industries (India) Limited, respondent No. 1 in this appeal, was receiving informations, for a considerably long period, that there has been a systematic from the bread store of the company. While the supply van of the company bearing registration No. WMK-5 was delivering breads in Zone 6 under the regular delivery schedule on August 23, 1972 at 7.45, p.m., some officers of the company undertook' physical verification and/or checking of the breads in the said van and it was detected that the breads were in excess quantities in the said van. On return to the factory, the gate pass was checked in relation to the challans and it was, further, detected that in the gate pass it was wrongly inserted 10 crates in place of 6 crates. A preliminary enquiry was held and a charge sheet was issued on August 29, 1972 against, T.K. Sen, Sales Assistant, Bimal Krishna Ghosh, Delivery Van Driver, Pran Krishna Kundu, the Loader and Paresh Nath Chowdhury, the Bread Store Clerk, alleging that each of them, in collusion and conspiracy with each other, committed theft, fraud or dishonestly or wilfully caused damage in connection with the business and the property of the company whereby the company incurred heavy financial loss. They were also charged for wilful negligence and neglect of duty in complying with the departmental directions regarding despatch and delivery. Thereafter, the management of the company conducted an enquiry and those workmen were found guilty of the charges levelled against them and they were dismissed from the services of the company. The workmen raised an industrial dispute and the Government of West Bengal referred the industrial dispute by order dated June 3, 1975 to the said Tribunal under Section 10 of the Industrial Disputes Act, 1947 for adjudication of the following issue: "Whether termination of services of Sarbasree T.K. Sen, P.N. Chowdhury, P.K. Kundu and B.K. Ghosh is justified: To what relief, if any, are they entitled?"
(3.) By Order No. 61 dated June 17, 1980 the Tribunal held that the domestic enquiry by the management was vitiated. However, it was, further, held that the company would be entitled to adduce further evidence on merits and the workmen would adduce evidence in rebuttal thereof. Although the company challenged the said Order No. 61 dated June 17, 1980 in an earlier writ petition, but M.N. ROY J., on September 15, 1980 rejected the said writ petition. A Division Bench of this Court disposed of the appeal against the said order being FMAT No. 3133 of 1980 by granting liberty to the company to agitate the points taken in the earlier writ petition in argument before the Tribunal and the Tribunal was directed to pass necessary award in accordance with law after considering the submissions to be made by the parties.;