(1) THE legality and/or validity of the reference of an industrial dispute to the 8th Industrial Tribunal made by the Government of West Bengal vide order dated 25th/27th January, 2006 is under challenge in this writ petition.

(2) THE respondent No. 5 is a workman employed in the company of the petitioner which is engaged in business of hire purchase and financing vehicle having its registered officer at Calcutta. The service condition of the respondent no. 5 provides that his service is liable to be transferred to any other department of the company at the headquarters or at the factory or at regional and/or branch office and/or, vice versa, and/or any other concern connected with the company or its directors.

(3) IN November, 2003, disciplinary proceeding was initiated by the petitioner against the said respondent on the various charges of his misconduct. The said respondent was placed under suspension in connection with the said disciplinary proceeding.

(4) A domestic inquiry was also held for inquiring into the charges levelled against the said respondent. After holding an inquiry, the Inquiry Officer submitted his report, to the management holding the said respond