G.N.RAY, J. - (1.) THIS appeal is directed against the judgment dated 1st August, 1986 passed by the learned trial judge in Civil Order No. 8506(W) of 1985.
(2.) BY the aforesaid judgment the learned trial judge dismissed the writ petition made by the appellant inter alia challenging the propriety of refusal by the Central Government to refer the dispute relating to the industrial dispute arising out of dismissal from service of the appellant by his employer under Section 10(1) of the Industrial Disputes Act to the appropriate Industrial Tribunal. It appears that the Central Government in refusing to refer the dispute to the Industrial Tribunal has indicated the reasons for such refusal and the substance of such reasons is that after holding a proper departmental enquiry the order of dismissal was passed against the appellant and the action of the management in dismissing the workman from service was based on the findings made in the said enquiry wherein the employee was found guilty of misconduct and fraud and such finding did not appear to the Central Government as mala fide and/or unjustified.
(3.) MR . Sengupta, learned Counsel appearing for the appellant, has submitted that after the amendment of the Industrial Disputes Act by incorporating Section 2A, an order of dismissal passed against a workman is an industrial dispute and there is no occasion to take any contrary view as to whether or not an industrial dispute has arisen in the facts and circumstances of the case.;