DIPANKAR DATTA. J.

1. THE petitioner employed the fifth respondent as Gatekeeper and Usher of "Metro", one of the oldest cinema halls of the State. He was accused of stealing belongings left behind by the audience through oversight, which affected the goodwill of the petitioner. A domestic enquiry was conducted in which the charge of committing misconduct levelled against the fifth respondent was found proved, leading to termination of his service.

2. AN industrial dispute was raised and in terms of an order dated October 12,1993 issued by the Assistant Secretary to the Government of West Bengal, Labour Department, a reference was made to the 7th Industrial Tribunal. It was called upon to decide whether the termination of service of the fifth respondent with effect from September 18, 1992 is justified and to what relief he is entitled in law.

The order of reference records that an industrial dispute existed between the petitioner and its workman, the fifth respondent, represented by Motion Picture (Distribution, Projection) Employees' Union (hereafter the Union) of 182, Lenin Sarani, Kolkata - 700 013.

3. THE petitioner in its written statement filed before the Tribunal con