K.M. Yusuf, J.

1. THE President, the Secretary, the Headmaster and other Members of the Managing Committee of Tantia High School, Calcutta, have moved the writ application challenging the Memo dated 25th June, 1985 issued by the Assistant Secretary to the Government of West Bengal, Labour Department, referring the dispute between the petitioners and the respondent No. 5, Ram Saran Mahato, to an Industrial Tribunal under section 10 read with section 2A of the Industrial Disputes Act, 1947. THE petitioners case, in short, is that respondent No. 5 was appointed as a Peon by the then authority of the School in or about 1960. Before his suspension he used to draw a total remuneration of Rs. 575.45. During his service hours he used to come heavily drunk. THE Secretary received on 12th February, 1981 a complaint from the Assistant Secretary, Barabazar Library, in February 1981 on the occasion of Kavi Sammelon Utsav Day that seven pairs of shoes were stolen and the allegation was that during drunken state the said respondent handed over shoes to his own men. THE said respondent No. 5 admitted the guilt by his letter of 14th February, 1985 and prayed forgiveness on the undertaking th