D.K.SETH, J. - (1.) In this appeal the order dated October 4, 2004 passed by the learned single Judge in W.P. No. 5228(W) of 2004 has since been assailed. The learned single Judge by the said order was pleased to dismiss the writ petition on the ground that there was no patent illegality (sic) or perversity in the award passed by the learned Industrial Tribunal. The High Court is not a Court of appeal and the writ jurisdiction does not permit re-appreciation of the evidence and as such the finding of the learned Tribunal could not be interfered with.
(2.) The main ground on which the learned counsel for the appellant Mr. P.K. Dutta challenged the order is only on the ground of perversity. The workman appeared in person. The State was represented by Mr. Arup Das and Mr. T.K. Majumdar. In order to bring home his contention, Mr. Dutta took us to the charge sheet at page 46 of the application, which reads thus: "It has been reported against you as under: On July 27, 1984 at about 1 A.M. while you were on duty, you were asked by your shop foreman to fix up "Top Plates" on the Breaker Stand, which is part and parcel of the duties to be performed by you, but you wilfully and deliberately adopted delaying tactics in carrying out the instruction of the shop foreman for more than half an hour, as a result lever fittings jobs could not be taken up in time by the concerned workman thereby production suffered. You also used slang, objectionable and filthy languages on July 18, 1984 to Shri Niahit Guha at about 3.30 P.M. on July 20, 1984 to Shri Thomas Gomes at about 10.30 A.M. on July 26, 1984 on July 27, 1984 to Shri I. Chowdhury, the shop foreman, at 3.00 P.M. and again on July 27, 1984 to the shop clerk Shri Ashok Majumdar at about 8.30 A.M. as and when you were asked to do some jobs relating to the departmental work by them. You also incited and instigated other workmen of the department to disobey the instructions of the superiors and not to do any work properly. The facts as alleged above, if proved, will constitute major misdemeanour under the following heads of charges in terms of Section "I" Appendix "D" of the Appendix "D" Clause (2) major misdemeanour. Sub-Clause (1) wilful insubordination or disobedience of any lawful and reasonable order of a superior. (4) Wilful slowing down in performance of work. (11) Commission of any act subversive of good behaviour or of the disciplines of the company. (29) Instigation, incitement, abetment or furtherance of the foregoing-Punishable as a major misdemeanour."
(3.) In his reply at page 47, the workman emphatically denied the charges. He pointed out that it is recorded in the records that on July 27, 1984, five Top Plates were placed on the Stand and there was no reason of delay and he was not responsible for any delay and that the company did not suffer any loss. He denied all the other charges. There was an enquiry pursuant to which he was dismissed. In a letter dated November 22, 1985 after having received the letter of dismissal, the workman pointed out that he was mentally ill and this was the reason for his conduct and he submitted prescription of the medical tests.;