Mukul Gopal Mukherji, J. - (1.) The petitioner, M/s. Alliance Mills (Lessees) Pvt. Ltd. has impugned in the present proceeding an Award passed by the Third Industrial Tribunal on 12th February, 1988 in Case No. VII-129 of 1986.
(2.) It was contended that the respondent No. 4 Pradip Chakraborty, was a badli/casual labourer. On 21st December, 1982, the said Pradip Chakraborty severely assaulted one Kanai Charan Das, a co-worker at about 11.15 A.M. while the latter was going for lunch. He was beaten with a lathi which caused severe injuries and bruises and medical aid had to be given to the said Kanai Charan Das. The said Kanai Charan Das made a verbal complaint to Salil Banerjee, the Manager, Engineering Department and lodged a complaint at the police station. Sri Salil Banerjee, the Manager, sent a report to the Labour Officer of the petitioner company on the same day. The management of the company thoroughly examined and considered the matter and decided to remove the name of the respondent No. 4 from the Badli/Casual List for the reason stated in Clause (1) of Rule 5(b) of the Rules of Service incorporated in the Second Part of Certified Standing Order, which is quoted hereinbelow:-- "As special or registered badli workmen's name may be removed from the list of registered badli for any of the acts or omission listed as misconduct in the standing order."
(3.) By a notice dated 22nd December, 1982, the Mill Manager of the company intimated the removal of the respondent No. 4 from badli/casual list. After receipt of the said notice, the respondent No. 4 submitted a letter dated 3rd January, 1983 to the Mill Superintendent admitting his guilt and tendered apology. In the said letter, the respondent No. 4 specifically stated that he would not do it in future and that he could be pardoned and/or allowed to work. The management of the company, however, could not grant the prayer of the respondent No. 4 in consideration of the gravity of the offence and also considering his past record of service. The petitioner company contends that off and on the respondent No. 4 did not listen to the instruction given to him by the office superiors. Once in 1981, he committed a gross misconduct for which his name was removed from badli/casual list. Thereafter, the respondent No. 4 expressed regret, the management pardoned him on his regret for commission of misconduct and allowed him to work. Thereafter, the respondent No. 4 raised a dispute before the Labour Directorate. Conciliation also failed. On the basis of the conciliation report, the Government of West Bengal referred the matter as an industrial dispute to the Third Industrial Tribunal for adjudication of the issue as to whether the termination of service of Pradip Chakraborty was justified and to what relief, if any, was he entitled to.;