D.P.Kundu, J. - (1.) The writ petitioner, a company registered under the provisions of the Companies Act, 1956 (hereinafter referred to as the Employer), has called in question an award dated April 13, 1999 passed by the 5th Industrial Tribunal, West Bengal in Case No. VIII-93/97.
(2.) The respondent No. 3 (hereinafter referred to as the workman) while serving the employer was charge-sheeted on the allegation that on May 18, 1983 while the workman was on duty and going home after completing his duties, the darwan of the mill found him carrying one tin containing three gunny bags belonging to the company. The darwan asked the workman why he was taking away gunny bags of the company without any authority but the workman could not give any explanation. Thereafter a disciplinary proceeding enquiry was conducted against the workman on the basis of the chargesheet and the workman was found guilty of the charges levelled against him and the workman was dismissed from the service of the employer.
(3.) Consequent upon the dismissal of the workman an industrial dispute between the employer and the workman was raised and the said dispute had been referred to by the appropriate company to the 5th Industrial Tribunal, West Bengal for adjudication of the following issues. Issue "Whether dismissal of Shri Om Prakash is justified?; To what relief, if any, is he entitled?" During the pendency of the Industrial Dispute before the 5th Industrial Tribunal, West Bengal, the validity of domestic enquiry was heard and decided by the Tribunal at first and both the parties were given opportunities to adduce their evidences and on the basis of such hearing and evidence on record the Tribunal arrived at a conclusion by its order No, 98, dated September 17, 1998 that the domestic enquiry held against the workman was proper, valid, and no natural justice had been avoided or violated and the workman had got nothing to say about domestic enquiry.;