LAWS(CAL)-1968-5-34

BUDGE BUDGE MUNICIPALITY Vs. SEVENTH INDUSTRIAL TRIBUNAL

Decided On May 02, 1968
Budge Budge Municipality (by Municipal Commissioners) Appellant
V/S
Seventh Industrial Tribunal and Ors. Respondents

JUDGEMENT

(1.) THIS is an application made in the constitutional writ Jurisdiction of this Court under Article 226 of the Constitution of India, inter alia, for the issue of a writ in the nature of certiorari to respondent 1, seventh industrial tribunal, requiring it to transmit and Certify to this Court the records of the proceedings held before it in connexion with the dispute between the petitioners, Municipal Commissioners and Prafulla Kumar Chakravarti of Budge Budge, 24 -Parganas, and the award published by the said respondent 1 in the Calcutta Gazette on 4 March 1965, in connexion with the said dispute and for quashing and setting aside the said award, for the issue of a writ in the nature of mandamus upon the respondents to forbear and refrain from giving any effect to the said award and from enforcing or taking any step to enforce the same and for further or other reliefs.

(2.) THE facts leading to the present application, are as follows.

(3.) UPON a report made by the Local Auditor under the Accountant -General, West Bengal, on or about 11 July 1963, that there was a defalcation of Rs. 11.524.96 by respondent 3, respondent 3 was charged by the Chairman of the Budge Budge Municipality by a letter dated 18 July 1963 with embezzlement and was called upon for an explanation within three months from the receipt of the said letter. By the said letter, respondent 3 was also suspended.