Asok Kumar Ganguly, J. - (1.) This appeal arises out of a writ petition being Co. No. 8242 (W) of 1993, which was dismissed by a learned Judge of the writ Court by a judgment, dated 08.01.2001. While dismissing the said writ petition, the learned Judge was pleased to observe that there was no error on the part of the respondents in passing the order of dismissal of the writ petitioner/appellant from his service.
(2.) The relevant facts of the instant case are noted below - At the relevant point of time, the writ petitioner/appellant was working as a Cleaner in the General Shift with the Kalyani Spinning Mills Limited, a Government of West Bengal Undertaking (hereinafter referred to as the "said Company"). The appellant claimed that he was the working president of the Kalyani Spinning Mills Limited Workmen Union and he was previously the General Secretary of the recognised Trade Union and also the Vice- President of All Bengal Federation of Cotton Textiles Workers. It is the case of the appellant that, as a result of his trade union activities, he incurred the displeasure of the rival union. The learned Counsel for the appellant also referred to certain letters of appreciation received by the appellant from the Management of the said Company.
(3.) However, the Manager of the said Company issued a charge-sheet against the appellant on 15.06.1989. The allegations in the said charge-sheet, inter alia, were to the effect that the appellant, not being satisfied with the reply from the Senior Officer of the said Company about the costing of a Waste Machine Tenter, threatened the said Senior Officer, viz., Sri Das, with the dire consequences of physically annihilating him, and being so threatened , the said Senior Officer directed the appellant to perform his allotted duty without causing any disturbance and, thereafter, the said Senior Officer left the place. According to the Management, the said action on the part of the appellant constitutes gross misconduct in terms of the Certified Standing Order of the said Company and the appellant was asked to explain his conduct and to State why disciplinary action should not be taken against him.;