- (1.) The Court: An order of suspension was passed on 16th April, 1993 by the respondents, whereby both the petitioners were placed under suspensions in exercise of the powers vested in the respondents under Clause 48(3)(a) of the Calcutta Dock Workers (regulation of Employment) Scheme, 1970 (1970 Scheme for short). The text of the suspension order reads as under: "With reference to charge-sheet No. LO/8AB/8/93 dated 16.4.1993, you are placed under suspension with immediate effect under clause 48(3)(a) of the Calcutta Dock Workers (Regulation of Employment) Scheme, 1970, pending further orders."
(2.) Since a reference has been made to the charge-sheet dated 16.4.1993, it shall be worthwhile to reproduce the same. The text of the charge sheet reads as under: "It has been reported that you have been sentenced to R. 1 for life under section 302/149 IPC by the learned IVth Additional Sessions Judge, Saran at Chapra, Bihar on 20.3.93; Your act, as above, amounts to misconduct. You are, therefore, directed to submit your explanation within 4(four) days from the date of receipt of this charge-sheet, falling which the case will be disposed of ex-parte."
(3.) Since the suspension has been ordered to purported exercise of the power referable to Clause 48(3)(a) of the 1970 Scheme, it is worthwhile to reproduce this clause which reads thus: "Where in a case reported to him under Sub Clause (2) the labour Officer is of opinion that the act of indiscipline or misconduct is so serious that the worker should not be allowed to work any longer, the labour Officer may, pending investigation of the matter, suspend the worker and report immediately to the deputy Chairman, who after preliminary investigation of the matter shall pass orders thereon whether the worker should, pending final orders remain suspended or not.";