JUDGMENT :

Krishna Rao, J.

1. The West Bengal State Electricity Board has filed the present writ application against the order passed by the Judge, Third Industrial Tribunal, West Bengal dated July 30, 2002 wherein the Learned Tribunal held that the Board has failed to establish the case against the respondent no. 2 by producing sufficient evidence before the Tribunal for approval of the action taken by the petitioners.

2. It is found from record that after filing of the present writ application, several attempts were made to serve the copy of the writ application upon the private respondent but the same could not be served and finally as per the direction of this Court, the writ petitioner had published the notice of this case in the English Daily News Paper and filed affidavit of service but in spite of substituted service, none appears on behalf of the private respondent and thus this Court had no option but to proceed with the case in the absence of the private respondent.

3. The private respondent while working as Assistant (Cash) and posted at Gangarampur Group, West Bengal S