NARESH CHANDRA DAS Vs. SEVENTH INDUSTRIAL TRIBUNAL

JUDGEMENT

(1.) THIS Rule is directed against an award made by the Seventh Industrial Tribunal, West Bengal dt. Mar. 18, 1977 in case No. VIII-260/76 in a reference under the Industrial Disputes Act by the Labour department, Government of West Bengal vide Order No 3900-IR/ir/10-L-185/76 dt. 7th of Aug. , 1976.

(2.) THE petitioner contends that he was a workman working as a permanent hand in the factory of respondent 2. M/s. Harbanslal malhotra and Sons (P) Ltd. , until his service was terminated by the said respondent 2. It is contended by the petitioner that he was continuing in service under the said company for more than 14 years since Feb. . 1960. It appears that the State Government made a reference to the Industrial Tribunal for adjudication of the following issues "whether termination of service of Sri naresh Chandra Das is justified? to what relief, if any, is he entitled?"

(3.) IT appears that the petitioner submitted his written statement before the learned industrial Tribunal challenging the termination of service as illegal and unjustified and prayed for reinstatement with full back wages and amenities due to him for the period of his forced unemployment. The company also filed a written statement-in-,reply to the petitioner's written statement and it was contended inte alia by the company that the name of the petitioner-workman was struck off from the Muster roll of the factory in accordance with S. O. cl. (6) (4) (a) of certified standing orders of the company. It was also stated by the company that the company sent a letter date 27th August, 1974 to the workman by registered post with and to the last known add ess, but the said letter came back with the postal remark "left" and only on 23rd september, 1974 the workman's father turned up when a copy of the letter of termination was handed over to him.