- (1.) This writ petition is directed against an order dated 4th July, 1984 passed by the 5th Industrial Tribunal wherein the Tribunal held that findings of the 7th Industrial Tribunal in a proceeding under S. 33(2)(b) of the Industrial disputes Act, cannot in any way stand as a bar in deciding they issue afresh.
(2.) Before adverting to the rival contentions a brief reference to facts is necessary.
(3.) The concerned workman being respondent No 3, herein was employed by the petitioner as Stores Clerk in the Paharpur Works of the petitioner's factory. By reason of certain acts on the part of the respondent No. 3, the petitioner, by a notice dated 14th February, 1981, read with its corrigendum dated 16th February, 1981, required the concerned respondent to show cause as to why disciplinary proceedings should not be initiated. The respondent in turn showed cause by his letter date 9th February 1981 and since the cause shown by the respondent No 3 was found not satisfactory, an enquiry was directed. Subsequently an Enquiry Officer was appointed to enquire into the charges leveled against the respondent workman. The Enquiry Officer made his report on 21st September 1981 and forwarded the same along with the records of proceedings of the enquiry to the petitioner. The General Manager of Paharpur Works, on consideration came to the conclusion that the respondent workman was guilty of the offences, constituting major misdemeanor, and by a letter dated 26th October 1981, dismissed the respondent workman from service with immediate effect. From the facts it appears that at the time of dismissal an industrial adjudication was pending before the 7th Industrial Tribunal of West Bengal. The petitioner as such, in compliance with the statutory provisions applied for approval. The petitioner, however, offered one month's wages to the respondent workman.;