- (1.) This mandamus appeal is directed against the judgement and/or order passed by a Learned Single Judge of this Court on 6th June, 2013 in W.P. 6255(W) of 2013 at the instance of the writ petitioner/appellant.
(2.) Let us now consider the legality of the impugned order in the facts of the instant case.
(3.) The service of the private respondent no.3 was terminated with effect from 17th April, 2003. The legality of such termination of service of the private respondent was tested by the Learned Third Industrial Tribunal, West Bengal in an industrial dispute reference case being Case No. VIII-10/2006. The Learned Tribunal ultimately decided the said proceeding in favour of the private respondent by holding that the termination of service of the private respondent was illegal inasmuch as it was made without observing the formalities laid down in the provisions of the Industrial Disputes Act. The Learned Tribunal found that no enquiry over the allegations was held by the employer before terminating the service of the private respondent. Accordingly, the Learned Tribunal directed that the workman/private respondent was entitled to be reinstated in service with full back wages and other consequential benefits.;