- (1.) The petitioner in this Article 226 petition dated June 16, 2008 is questioning the award of the First Industrial Tribunal, Kolkata dated February 22, 2008, annexure P21A at pp. 212-228, directing it to reinstate the sixth respondent, Binod Singh, in service without back wages.
(2.) The petitioner appointed Binod as a caretaker on January 10, 1979. By a letter dated June 12, 2000, annexure P6 at p.73, it called upon Binod to show cause why, for the charges mentioned in the letter, he should not be discharged from service. The charges were: "1) On 4.6.2000 at noon you in a drunken condition used abusive language and threats against a member of the Society Sri Bharat bhai Thakkar and Durwan of the School Sri Baiju Singh and tried to Man handle them. 2) You have been negligent in supervising the duties and attendance of the sweepers. 3) You haver tried to interfere with the powers and duties of the Management by the members in the administration of the Society's building at 16A, Brabourne Road in the matter of supply of services to tenants."
(3.) By a letter dated June 14, 2000, annexure P7 at p.74, Binod denied the correctness of the charges. Under the circumstances, the petitioner decided to hold a domestic enquiry. Binod participated in the enquiry. The enquiry officer submitted his report dated September 7,2000, annexure P11 at p.81. that the, charges were proved. By a letter dated September 12, 2000, annexure P12 at p.98, the secretary of the petitioner gave Binod opportunity to make representation against the findings of the enquiry officer. Binod submitted a detailed representation considering which the secretary of the petitioner issued an order dated October 24, 2000, annexure P15 at p.109, inflicting the penalty of dismissal from service with immediate effect.;