- (1.) THE instant writ petition is directed-against an order passed by the second Industrial Tribunal, Calcutta rejecting the petitioner's application for approval of the order of dismissal of respondent No. 3 from his service under the petitioner on account of his misconduct.
(2.) BRIEFLY the facts relevant for the purpose of the present Rule are as follows : -The respondent No. 3, Bhajan Chandra Bhattacharjee, was employed as a supervisor in the Petitioner's Company as a casual employee. In course of such employment he was charge-sheeted on 23rd September, 1963 for certain gross misconduct, namely, participation in an illegal strike inciting or instigating other workmen to commence the strike and threatening and intimidating a typist of the petitioner's company and assaulting him on 18th september, 1963 (charge sheet annexed to the petition marked as annexure 'a')on the basis of written complaint made by him on 17th September and 20th september, 1963. It is also stated that by letter dated 20th September, 1963 the entire incident of 18th September, 1963 was reported to the officer-in-charge, Bhowanipore Police station, Calcutta.
(3.) THE respondent No. 3 submitted a written representation by 17th October, 1963 in which he contended that the Management was responsible for the illegal strike and should have come to settlement with the Union. Not being satisfied, the Management, thereafter, decided to hold a domestic enquiry to which due notice was given to the respondent No. 3 but in spite of receipt of such notice he did not attend the enquiry and therefore, the enquiry had to be concluded ex parte.;