- (1.) In this writ proceeding order No. 33 dated August 18, 1995 passed by the Third Industrial Tribunal in reference case No. VIII 27/92 in connection with an application made by the writ petitioner (hereinafter referred to as the workman) under Section 15(2)(b) of the Industrial Disputes Act, 1947 (hereinafter referred to as the Act) is under challenge.
(2.) By the order under challenge the tribunal dismissed the application of the workman under Section 15(2)(b) of the Act on two grounds. The first ground is that the reference made by the Government of West Bengal prima facie appears to be not sustainable and the second ground is that as a matter of right the workman cannot get order of interim relief and in the facts and circumstances of the case the workman was not entitled to get any such order for interim relief.
(3.) The workman was employed in M/s. Indian Express Newspapers (Bombay) Pvt. Ltd. The employer is having its regional office at 10, Chowringhee Road, Calcutta-13. The petitioner was transferred to Calcutta but he was under the control of Bombay Office. By an order dated Ist August, 1988, the workman was transferred to Bombay Office with effect from 5th August, 1988. However, the workman did not carry out the said order of transfer. By a letter dated 22nd November, 1988, the petitioner was asked to show cause us to why he should not be dismissed from company's service. The show cause notice is quoted hereinbelow :- "Mr. B.G. Sampat, S/o Goutam Das Dwaraka Das Sampat, 7/1A, Mansatala Lane, Calcutta 700 023 It has come to our notice that the 11th Metropolitan Magistrate, Calcutta in Case No. TR/668/TR/364 of 1988 has found you & other 14 persons guilty of gambling in a public street viz. in front of the premises No. 16, India Exchange Place at about 13.30 hrs. on 4.8.88 when the police seized from you & others, cash Rs. 2,96,385/-, dot pen, papers & other articles & arrested you & others on the said date & time. As you & all others pleaded guilty of the charge all of you were convicted by the said Magistrate & sentenced to pay a fine of Rs. 150/- each & in default to simple imprisonment of 30 days each. By the said order dated 5.8.88 the Magistrate ordered the seizure of money & Anamat to be confiscated to the State. A true photo copy of the said order dated 5.8.88 of the Magistrate is attached for your perusal. Your indulgence in gambling in a public street for which you have been convicted based on your own evidence has rendered you unworthy of being continued in employment as your said conduct adversely affects the reputation of our company. You are hereby called upon to show cause within three days as to why you should not be dismissed from company's service. Your explanation should be submitted to the undersigned within three days from the date of receipt of this show cause notice. for INDIAN EXPRESS NEWSPAPERS (B) PVT. LTD. Authorised Signatory CC : Editor - F.E. - Bombay CC : News Editor - F.E. - Bombay CC : Regl. Mgr. - Calcutta.;