ASHIM KUMAR BANERJEE, J. - (1.) Sheo Kumar Singh was a workman under Braithwaite Burn & Jessop Construction Co. Ltd. (hereinafter referred to as the "Company"). He was caught red handed when he was stealing goods from the factory premises of the petitioner by the security staff. A criminal proceeding was initiated against him. The disciplinary proceeding was also initiated by the company by following the prescribed procedure. The workman was afforded adequate opportunity of hearing before the disciplinary authority. Ultimately, he was dismissed from service by an order dated February 28, 1983. The workman accepted the order of dismissal and after about three years from the date of passing of the order of dismissal he raised an industrial dispute. The State ultimately referred the dispute to the Industrial Tribunal. The 4th Industrial Tribunal, West Bengal after a prolonged hearing published an award dated June 10, 1999 wherein the workman was directed to be reinstated without back wages. The award of the Tribunal was challenged by the Company in W.P. No. 559 of 2000 and by the workman in W. P. No. 17993(W) of 1999. In the first writ petition the workman made a grievance that the Tribunal should have allowed back wages to be paid whereas in the second writ petition the company made a grievance with regard to his reinstatement.
(2.) On perusal of the award it appears that the Tribunal found that the disciplinary proceeding was conducted by the company following the prescribed procedure and there was no infirmity on the said score.
(3.) It was the contention of the workman that the concerned security staff demanded interest on the money lent and advanced by him to the workman when the workman refused to pay additional interest he was implicated in the case of theft although he was not involved in any theft at all. The Tribunal also observed that the guilt was confessed by the workman.;