Debangsu Basak, J. - (1.) The challenge in the present writ petition is directed towards order No. 71 dated June 16, 2003 passed by the 4th Industrial Tribunal, West Bengal. According to the petitioner, the order of the Tribunal is perverse. The Tribunal ought not to have directed setting aside the order of dismissal. Reliance has been placed on a judgment in (Delhi Cloth & General Mills Company Ltd. v/s. Ludh Budh Singh) : 1972 (1) LLJ 180 in support of such contention. None appears for the respondent. An order passed by the Industrial Tribunal is under challenge in the present Writ Petition. The order is reasoned. It deals with the validity of domestic enquiry held against the delinquent worker.
(2.) The delinquent worker has a history with regard to his dealings in management. He was initially appointed as a Counter Attendant by the petitioner. On the allegation of possession of three Bangladeshi currency notes of Rs. 100/ - each, he was charge -sheeted in 1992. He had contested the disciplinary proceedings in respect thereof. The management had suspended him with effect from March 27, 1992 with regard to such incident. The management thereafter penalised him by way of stoppage three years increments and demoting him. The petitioner had made a representation against such decision. The management did not pay any heed thereto. The petitioner had moved two writ petitions before the Hon'ble High Court. One of such writ petition was disposed of by holding that such matter may be taken up by the Tribunal or the Labour Court as the disputes are covered under the Industrial Disputes Act. The representation of the delinquent worker for permission to participate in a training was directed to be considered by the concerned authority. The management did not allow this delinquent to participate in the training programme. The delinquent initially approached the Tribunal for redressal of the punishment meted out to him. The Tribunal, however, had held that he did not have jurisdiction. The delinquent thereafter filed a suit before the Sealdah Court being Title Suit No. 252 of 1997 challenging the order of the management relating the stoppage of increments.
(3.) The management thereafter issued the second charge -sheet in 1995 alleging supply of dirty beakers and sleeping during working hours. The delinquent worker was suspended. The management ultimately lifted the domestic enquiry in connection with the second charge -sheet.;