Judgment

DESAI, J.:- In exercise of the power conferred by sec. 10 of the Industrial Disputes Act, 1947, the Government of the State of West Bengal as an appropriate Government referred the following dispute to the Ninth Industrial Tribunal, West Bengal for adjudication. The reference reads as under :

"Whether the termination of services of Shri Manas Kumar Mukherjee is justified? To. what relief, if any is he entitled?"

2. Hindustan Steel Ltd. (Employer for short) dismissed Manas Kumar Mukherjee (Workman for short) without holding any inquiry and without giving any opportunity to the workman to question or correct the allegation of misconduct levelled against him and in violation of principles of natural justice. The employer tried to sustain its action by invoking its powers under Standing Order 32 of the certified, Standing Orders of the Hindustan Steel Ltd. S. O. 32 reads as under:

"32. Special Procedure in certain cases.

Where a workman has been convicted for a criminal offence in a Court of Law or where the General Manager is satisfied, for reasons to be recorded in writing, that it is inexpedient or against the interests of security to continue to employ the workman, the workman