- (1.) This appeal is directed against an order made by a learned ingle Judge on February 12, 1973, by which he discharged a Rule. The petitioner before the learned Judge, who is the appellant before us, challenged an Award dated August 27, 1969 passed by the Judge, Sixth Industrial Tribunal, West Bengal.
(2.) One Anil Kumar Chakraborty, the respondent no. 3 was a compounder employed by the appellant. On September 10, 1965, certain charges were brought against him by the appellant by a charge sheet. The charges were (i) that he was inciting the workers to surround the manager's residence so that by intimidation the manager might be forced to run away form the garden. (ii) that he took the money from the workers for the appellant's medicines although the medicines were to be given to workers free of cost. (iii) that he was carrying on business by selling medicines of the garden hospital. (iv) that he was conducting a propaganda against the appellant to disrupt the administration of the garden and (v) that by inciting workers to resort to hooliganism he was sabotaging the peaceful running of the garden administration.
(3.) The respondent was called upon to explain in writing why he should not be dismissed from service. He was also informed that if his explanation were found unsatisfactory he would be given a chance to adduce evidence in the departmental enquiry, the date of which would be intimated to him.;