Girish Chandra Gupta, J.

The subject-matter of challenge, in this writ petition, by the employer, is an award dated 23rd February 2009 passed by the Central Industrial Tribunal at Calcutta holding the workman not guilty of the charge under Clause 19.5(j) of the bipartite settlement. The Tribunal has consequently set aside the order of dismissal passed by the disciplinary authority and has directed reinstatement with 50% of the back wages. The workman has made a counter-claim seeking payment of 100% back wages.

2. The facts and circumstances of the case briefly are stated as follows:

The workman Shri Anajn Kumar Lahiri, a clerical staff, was employed by the petitioner-bank in the year 1971. The petitioner Indian bank introduced a credit card scheme on 15th April 1988. On 24th August 1996 the workman applied for a credit card which was duly sanctioned with a spending limit of Rs. 20,000/-. After the credit card was made functional in September 1996, the workman, it appears, used the card quite lavishly, considering his station in life, in meeting bills of the bars and restaurants. On 4th October 1996 the workman lodged a complaint with the Jadavpur Police Station stating, inte