JUDGMENT

Abhijit Gangopadhyay, J. - This writ application has been filed by the employer company for setting aside/quashing the final award dated 19.02.2020 passed by the Learned First Industrial Tribunal, West Bengal in Case No. VIII-02/2011. In this case the respondent No. 3/employee (the employee hereinafter) was dismissed from service by the writ petitioner (the employer hereinafter) with effect from 11th November, 2009. This dismissal was a result of a domestic enquiry held by the employer. Tribunal has set aside the order of dismissal.

2. The employee raised a dispute in respect of such dismissal and the Government of West Bengal referred the matter for adjudication and for submitting the award to the State Government. The reference is of 04.01.2011.

3. The dispute is pending for last nearly 12 years.

4. The employee challenged the validity of the domestic enquiry before the Tribunal contending, he was working in the establishment for 19 (nineteen) years honestly, faithfully and with full satisfaction of the employer, but the employer by issuing a charge-sheet dated 02.08.2008 alleged that on 31.07.2008 while on duty he was caught red handed by the Supervisor, when he was thro