( 1 ) THIS appeal is directed against the Judgment and Order dated April 28, 2000, passed by a learned Judge of this Court in the writ application being C. R. No. 8201 (W) of 1994 upholding the order dated December 17, 1993 passed by the Third Industrial Tribunal, West Bengal.

( 2 ) RESPONDENT No. 1, Shri Janardhan Singh was employed as member of the security staff in the factory owned by Hindustan Motors Ltd. , the Appellant herein at Hind Motor in the District of Hooghly, West Bengal. His services were terminated by a letter of dismissal allegedly for certain misconduct.

( 3 ) BY an order of reference dated March 18, 1987 the dispute was referred by the State Government to the Fifth Industrial Tribunal, West Bengal ('the Tribunal' for short) under Section 10 read with Section 2-A of the Industrial Disputes Act, 1947 (hereinafter, called "the 1947 Act" ).

( 4 ) INSPITE of service of Notice the parties did not appear and a 'no DISPUTE' award was made by the Tribunal in terms of Rule 22 of the West Bengal Industrial Disputes Rules 1958 (hereinafter called "the 1958 Rules") on November 2, 1987 and the same was published by the State Government on December 10