Rajasekhar Mantha, J. - (1.) The writ petition has been filed challenging the award dated 29th July, 2004 passed by the 3rd Industrial Tribunal at Kolkata. The respondent No.3 workman, has during the pendency of the writ petition, superannuated from service.
(2.) The facts of the case are inter alia that a charge sheet dated 14th January, 1991 [1st Charge Sheet] was issued by the management against the 3rd Respondent, Prafulla Kumar Behara, a workman of the company. The charges inter alia were, holding a meeting with outsiders in the company premises without prior permission. The respondent No.3 was suspended from service. The charge was for violation of Clauses 13(b)(viii),13(b)(xxvi) and 13(b)(ix) of the Companies Standing Orders. Departmental proceedings were held in respect of the first Charge Sheet between 18th February, 1991 until 5th of August, 1992.
(3.) On the 12th of August, 1992 the respondent No.3 is alleged to have surrounded and physically restrained some officers of the company. On the 16th of August, 1992 the workman was issued a second Charge Sheet for alleged misconduct, under Clause 13 (b)(xviii) (xxi) and (xxvi) of the certified standing orders of the company.;