- (1.) This matter is before us by reason of a reference made by a Division Bench of this Court by an order dated 15th December, 2011 passed in the course of hearing an appeal against the judgment and order dated 7th April, 2005 passed by the Ld. Single Judge in W.P No. 2392 of 2001.
(2.) By an order dated June 25, 1999 the Government of West Bengal had referred an industrial dispute between the appellant and one of its employees to the First Industrial Tribunal. The dispute arose as the said employee was dismissed from service after a domestic enquiry was held by the management. The Ld. Tribunal considered the issue of validity of the domestic enquiry and by an order dated 22nd August, 2001, held that the participation of the Presenting Officer as a witness in the domestic enquiry rendered the enquiry as well as the entire proceeding inoperative and without jurisdiction. In passing such order the Ld. Tribunal relied on two decisions of this Court:- (i)-Sarajit Coomer Mazumder-vs.-Calcutta Dock Labour Board & Ors, 1988 1 CalLT 431. (ii)Mohd. Miya v. State of West Bengal & Ors, 2000 86 FLR 1.
(3.) The appellant challenged the said order of the Ld. Tribunal by way of a writ petition being WP NO. 2392 of 2001.;