BHARAT CHAMBER OF COMMERCE Vs. RAM JIBAN RAM

JUDGEMENT

(1.) This application is at the instance of the appellant and is directed against the order dated April 21, 2009 passed by the learned Judge, Presidency Small Causes Court, Calcutta in W.B.S.E. Appeal No.6 of 2005 thereby dismissing the appeal.

(2.) The short fact is that the opposite party herein is an employee under the petitioner and he absented himself from March 9, 1998 to March 20, 2009 without intimation. Since he did not file any application for regularisation of the unauthorised absence and he did not perform any service for the said period, no wage was paid to him for the said period and an amount of Rs.1,206/- was deduced from his salary. Being aggrieved, the opposite party moved the Referee, Shops and Establishments, Government of West Bengal and by an order dated October 24, 2005, the petitioner was directed to pay the said amount to the opposite party.

(3.) Being aggrieved by that order, the petitioner preferred the said appeal and the learned lower appellate court dismissed that appeal by the impugned order. Being aggrieved, this application has been preferred.