Judgement

CHANDRASEKHARA AIYAR J. : Pratul Chandra Mitra was the Head Clerk, and Phanindra nath Ghose, the Sanitary Inspector of the Budge Budge Municipality, and they were also members of the Municipal Workers Union. On receipt of complaints against them for negligence, insubordination and indiscipline, the Chairman of the Municipality suspended them on 13-7-1949, drew up seperate proceedings, and called for an explanation within a specified date. After the explanations were received, they were considered at a meeting of the Commissioner held on 6-8-1949 , and by a majority, and Commissioners confirmed the order of suspension and directed the dismissal of the two employees. At the instance of the Municipal Workers Union who questioned the propriety of the dismissal, the matter was referred by the State of West Bengal on 24-9-1949 to the Industrial Tribunal for adjudication under the Industrial Disputes Act. The Tribunal made its award on 13-2-1950 that the suspension and punishment of the two employees were cases of victimisation, and it directed their reinstatement in their respective offices.

2. The Municipality took the matter to the High Court at Calcutta by means of a petitio