P.K. Mukherjee, J. - (1.) In the present writ petition the award passed by Mr. R.C Ghosh, Presiding Officer. 3rd Industrial Tribunal dated January 13, 1982 has been challenged by the Steel Authority of India Limited. By the said Award the order of dismissal in respect of two workmen has been set aside by the Tribunal.
(2.) There was a reference relating to Industrial Dispute between M/s. Hindustan Steel Limited and their workmen under section 10 read with section 2A of the Industrial Disputes Act, 1947 before the Third Industrial Tribunal for adjudication of the following issues. : "Whether termination of service of Shri Amiva Kumar Sarbadhikary is justified To what relief, if any he is entitled -
(3.) Earlier there was a proceeding under section 33(2)(b) of the Industrial Disputes Act, 1917, whereby Shti S. Maiti previous Presiding Officer, of the Third Industrial Tribunal after going through the records of the domestic enquiry and fulfilment of other pre-requisites, under the proviso to section 33(2)(b) of the said Act, came to the relevant conclusion that domestic enquiry was conducted by the employer in a proper manner and accorded "approval" of termination of service of Amiya Kumar Sarbadhikari.;