SUSHIL SARKAR Vs. GARFA CO

JUDGEMENT

(1.) This appeal is directed against an order dated 29.6.99 passed by a learned Single Judge of this court in W.P. No. 19781 (W) of 1997, whereby and whereunder the writ application filed by the respondents herein was allowed.

(2.) It appears that the appellant herein was charge-sheeted: A disciplinary proceedings was initiated against him, whereafter he was dismissed from services. As regards the order of dismissal, an industrial dispute was raised and the State of West Bengal in terms of a notification dated 16.9.87 referred the said industrial dispute for adjudication before the 2nd Industrial Tribunal, West Bengal, on the following issues:

(3.) Before the learned Tribunal, the employer filed an application in terms of section IIA of the Industrial Disputes Act, 1947, for determination of the issue as regards validity or otherwise of the domestic enquiry, as a preliminary issue and further prayed that in the event such an issue is decided against it, it may be allowed to adduce fresh evidence before the Tribunal. The said prayer of the respondents herein was accepted. In considering the preliminary issue, by an order dated 17.5.93, the learned Tribunal held that the disciplinary proceedings suffered from violation of the principles of natural justice. The findings of the enquiry officer was held to be non-sustainable, and it was further held that the domestic enquiry is not valid. The said order has not been questioned by the respondents. The parties led their respective evidences afresh before the Tribunal. The learned Tribunal, by reason of the impugned award dated 20.2.97 which was published in the Official Gazette on 18.3.97, inter alia, held that the respondents herein had not been able to prove the charges as against the appellant herein, and as such, directed: