SWAPRATIK MUKHERJEE Vs. THIRD INDUSTRIAL TRIBUNAL
LAWS(CAL)-1996-3-32
HIGH COURT OF CALCUTTA
Decided on March 22,1996

SWAPRATIK MUKHERJEE Appellant
VERSUS
THIRD INDUSTRIAL TRIBUNAL Respondents


Referred Judgements :-

TATA IRON AND STEEL CO.LTD. V. S.N.MODAK [REFERRED TO]
THE WORKMEN OF M/S. FIRESTONE TYRE AND RUBBER CO.INDIA PVT.LTD. V. THE MANAGEMENT AND ORS. [REFERRED TO]
INDIAN ALUMINIUM CO. LTD. V. THIRD INDUSTRIAL TRIBUNAL OF WEST BENGAL [REFERRED TO]
INDIAN IRON AND STEEL CO LIMITED VS. THEIR WORKMEN: INDIAN IRON AND STEEL CO LIMITED [REFERRED TO]
STRAW BOARD MANUFACTURING CO LIMITED SAHARANPUR VS. GOVIND [REFERRED TO]
SHANKAR CHAKRAVARTI VS. BRITANNIA BISCUIT COMPANY LIMITED [REFERRED TO]


JUDGEMENT

S.K.Sen, J. - (1.)In the instant application the writ petitioner has challenged the award dated 4.11.91 passed by Third Industrial Tribunal, Calcutta upon a reference under section 10 of the Industrial Disputes Act.
(2.)The facts involved in this writ petition inter alia are that the petitioner was appointed as a Peon under West Bengal State Electricity Board. The petitioner was suspended on 5.8.80 and ultimately a departmental proceeding was initiated against the petitioner for alleged rude and disorderly behaviour insolence shown to Superior and for committing breach of discipline. The charge sheet was issued on 5.8.80. A departmental enquiry was held.
(3.)During the pendency of the Disciplinary proceeding an industrial dispute was pending before the 8th Industrial Tribunal. After the enquiry proceeding second show-cause notice was issued. Thereafter final order was passed on 23.12.80 in the disciplinary proceeding dismissing the petitioner from service. Since an industrial dispute was pending at that time an application under section 33(2)(b) of the Industrial Dispute Act was made by the Employer for approval of the action taken and the petitioner was offered one month's salary in accordance with provision of section 33(2)(b) of the Industrial Disputes Act. Thereafter the petitioner raised a fresh Industrial dispute for reference under section 10 of the Industrial Disputes Act challenging the order of dismissal. Upon the same the State Government by order dated 8.10.86 referred the matter to Third Industrial Tribunal, Calcutta for adjudication of the dispute under section 10 of the Industrial Disputes Act on following issue
(a) Whether the dismissal of the petitioner from service is Justified. (b) To what relief, if any, the workman is entitled ? (Order-Annexure 'D' page 25 of the writ petition).

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