- (1.) The petitioner company files this writ application challenging the award dated July 4, 1995 passed by the First Industrial Tribunal, West Bengal and published by the Government as per Order No. 1663-I.R. dated August 7, 1995.
(2.) The respondent No. 3 was a clerk in the Tea Export Division Godown of the petitioner company. He was appointed by the respondent company in the above post on September 11, "1986. His service was terminated by the respondent on June 4, 1988. The respondent No. 3 approached the State Government for settling his dispute. Ultimately, the Government of West Bengal, Labour Department by an order dated March 16, 1991 referred the dispute to the respondent No. 1, i.e. the First Industrial Tribunal, West Bengal under section 10 read with section 2A of the Industrial Disputes Act, 1947 for adjudication of the following issue: "Whether the termination of service of respondent No. 3 was justified? To what relief, if any, is he entitled?"
(3.) The stand taken by the respondent No. 3 before the respondent Tribunal was that he was a permanent employee under the petitioner company. His service was terminated by the respondent company without issuing any chargesheet. He had E.S.I. Card. He was covered by P. F. schemes. He used to get bonus, dearness allowance and house rent allowance. As such he had a lien on the service. So, the respondent No.3 prayed for his reinstatement in the service with back wages before the respondent Tribunal.;