A.Kabir, J. -
(1.)The writ petitioner, who had been employed as structural Fitter III at the main yard, ship building, shop No. 113, of the respondent company at Metiaburs, has challenged the charge-sheet dated 10th March, 1993, issued to him by the Manager(Hall)-I, the finding of the Enquiry Officer dated 14th March, 1995, and the final order of dismissal passed against him on 25th April, 1995, by the Director (personnel) of the company.
(2.)When the writ application was taken up for consideration at the very initial stage, a preliminary objection was taken by Mr. Dipak Ghosh, learned advocate, appearing for the respondents, that the Same was not maintainable, inasmuch as, the petitioner was a workman within the meaning of section 2(s) of the Industrial Disputes Act, 1947, as amended by the State of West Bengal, and that his remedy, therefore, lay not by way of a writ petition, but under the provisions of the said Act.
(3.)Mr. Ghosh also contended that since the petitioner's service conditions were governed by Standing orders certified under the Industrial Employment (Standing Order) Act, 1946, and since it had been held by the Hon'ble Supreme Court that such certified standing orders did not have statutory force, the remedy, if any, of the petitioner lay within the provisions of the Industrial Disputes Act, which was a complete code by itself, and not by way of a writ petition.