JUDGMENT

Tarun Chatterjee, J.—

1. The judgment and order dated 30th of September, 2005 passed by a Division Bench of the Calcutta High Court affirming the judgment and order dated 4th of October, 2004 of a learned Judge of the same High Court and the order dated 31st of October, 2003 of the Vth Industrial Tribunal, West Bengal is under challenge before us at the instance of Biecco Lawrie Ltd. and another, the appellants herein.

2. By the order of Vth Industrial Tribunal, West Bengal, dated 31st of October, 2003, the order of dismissal passed by the appellants against Provash Chandra Mondal - respondent No.2 [hereinafter referred to as the ‘respondent’] was set aside.

3. The respondent was appointed as general mazdoor in the Switch Gear works of the appellants and his duty, inter alia, was to bring materials from the shop rack to the working benches and afterwards to take them to their respective racks. On 4th of August 1984, a charge sheet was issued against tje respondent on charges of major misconduct, namely, instigation, insubordination and using of abusive and filthy languages against his superiors and dilatory tactics, which are major misdemeanor in terms of Section “L” Appen