Monoranjan Mallick, J - (1.) In this writ petition the Order No. 97, dated 10.12.1985 passed by Second Industrial Tribunal, West Bengal in Case No. VIII-174/79 vide G.O. Na. 3363-12, dated 7.8.1979 in M/s, Braithwaite and Company vs. Their Workmen has been challenged as illegal and a writ in the nature of Mandamus has been prayed for, for cancelling and/or withdrawing the impugned order and for a writ of Prohibition commending the respondents to forbear from giving effect to the impugned Order. A writ of Certiorari has also been prayed for.
(2.) The facts giving in the writ petition may be briefly stated as follows: The petitioner is a public sector undertaking employing about 4400 employees. The service condition of the employees are governed by the Standing Order/Service Rules. In or about the middle of December l972 on receipt of Bank statement for the period from January to August 1972 and on comparison and on reconciliation with the cash books, it was noticed that certain items listed as lodgment have not been included/credited in the monthly Bank Statements which amounted to Rs. 1,00,736.84. The said amount was shown outstanding items month after month without being cleared. After checking the records in the Bank Accounts it was found that there was no mistake in the bank statement. It was further discovered that certain pages of the memorandum book recording the movement of cash from Provident Fund Institutions to Company's Cash Section for deposit were torn out. It was also found that some relevant Bank paying slips were missing. As the amount involved was considerable Dhirendra Chandra Pal and Shri Narayan Chandra Sahani who were attached to Provident Fund Section of the Company and some employees of Cash Section were charged sheeted on 15th December 1972 read with amendments issued on 18th and 19th December, 1972. After the explanations were submitted they were found not satisfactory and the petitioner ordered a domestic enquiry appointing N. C. Chakraborty, Labour Officer as the Enquiring Officer. The Enquiring Officer held the enquiry for several employees jointly and submitted a joint enquiry report. The Enquiry Officer found the said Dhirendra Chandra Pal and Shri Narayan Chandra Sahani guilty of the charge No. (5), i.e., gross negligence in the performance of duties and exonerated them of the Clauses (a) and (c).
(3.) As the said employees were found guilty of the major disdemeanour under the relevant Clauses on the Service Rules/Standing Orders of the petitioner Company governing their employment, the petitioner dismissed the workmen from service by the Order, dated 20th December, 1975.;