- (1.) The writ petitioner, since deceased was in service with the West Bengal State Electricity Board doing the job of Store Keeper Gr.II. While in such service a charge sheet dated 20th July, 1993 was issued against him with the allegation, inter alia, of misappropriation of the Board's materials worth Rs.22,22,871.75/-. An inquiry was held pursuant to which the Disciplinary Authority by order dated 8th January, 1998 directed dismissal from service. The deceased writ petitioner had preferred an appeal therefrom which was also dismissed on 26th June, 2000. It appears from paragraph 21 of the writ petition that the deceased writ petitioner had made an application under Section 33A of the Industrial Disputes Act, 1947, sometime early in the year 2001, to the Ld. Third Industrial Tribunal, West Bengal which was registered as case no.8 of 2000. It was alleged by the writ petitioner, since deceased that the Board had also earlier filed an application under Section 33(2) (b) of the said Act in the said Tribunal but no steps had been taken by it thereafter.
(2.) By reason of pendency of the aforesaid two applications before the said Tribunal, the since deceased writ petitioner had come up to this court by Writ Petition 17362 (W) of 2001 which was disposed of by order dated 13th December, 2001 directing the said Tribunal to decide the application filed by the Board under Section 33(2) (b) along with the application filed by the since deceased writ petitioner under Section 33A of the said Act.
(3.) It appears that thereafter the Board by an application dated 23rd July, 2002 sought to withdraw its application made under Section 33(2) (b) of the said Act on the ground that since no dispute was pending regarding dismissal of the deceased writ petitioner, the application under Section 33(2) (b) was misconceived. By order dated 29th August, 2002 the Ld. Tribunal allowed the said application to be withdrawn. It is sometime after this that the writ petitioner died and by order dated 10th February, 2005 his heirs and legal representatives were brought on record as the substituted writ petitioners.;