GOURANG ACHARJEE Vs. THIRD INDUSTRIES TRIBUNAL WEST BENGAL

JUDGEMENT

(1.) In this writ application, the writ petitioner, an employee, has challenged an award dated November 27, 1995 passed by the 3rd Industrial Tribunal, West Bengal in Case No. VIII-294/88 thereby answering the reference in favour of the employer.

(2.) The following disputes were referred to the Tribunal under Section 10 of the Industrial Disputes Act (Act):

(3.) The petitioner was a permanent employee of the private respondent. There is no dispute that the petitioner was absenting from work since March 19, 1987 without information and submitted a medical certificate issued by one Dr. P.N. Mukherjee along with an application stating that due to his sickness he could not resume his duty and inform the employer earlier. On that day viz. April 9, 1987 he was not permitted to join and subsequently a letter dated April 18, 1987 was served upon the petitioner thereby asking him to explain why he should not be discharged from Companys service for his absence without information for more than 10 days. It may be mentioned here that April 8, 1987 was the weekly holiday.