Jayanta Kumar Biswas, J. - (1.) This is a writ petition against an order of the Second Industrial Tribunal, West Bengal, dated June 27th, 1989 refusing approval to the employer company under the Industrial Disputes Act, 1947 section 33(2)(b).
(2.) The third respondent workman was proceeded against departmentally. In the chargesheet dated March 22nd, 1983 it was alleged that having been caught red handed in the act of theft by the security guard, he confessed his guilt and sought permission to resign.
(3.) The disciplinary authority agreed with the findings of guilt recorded by the enquiry officer, and after giving opportunity to show cause, passed the order dated September 23rd, 1983, the relevant portions of which read: "Your explanation to the second show cause notice has been considered. We do not find any reason/justification to review our proposed decision which we conveyed to you in our notice, dated 5 July, 1983. You have been rightly found guilty of theft and what you did also amounted to dishonesty in connection with company's business. In the circumstances, you cannot enjoy our faith and confidence any more. The above act of commission is a grave misdemeanour warranting your dismissal from service, in terms of clause 27(ii) of the model Standing Orders. There are no extenuating circumstances to take lenient view of the matter. In these circumstances, you are hereby dismissed from the service of the company with immediate effect.";