(1.) This intra-court mandamus appeal is at the instance of the writ petitioner/employer and is directed against an order dated August 1, 2014 passed by a learned Single Judge in WP 13544 (W) of 2002 with CAN 2334 of 2014 thereby refusing to interfere with the award dated May 29, 2002 passed by the learned judge 8th Industrial Tribunal, West Bengal ( for short "the Tribunal") in case no. VIII-52/99.
(2.) The appellant/ management dismissed the respondent no. 1 from service vide letter dtd. 22/2/96. The respondent no. 1 protested against such alleged illegal termination before the Labour Department, Government of West Bengal. The Governor in exercise of power conferred by Sec. 10 read with Sec. 2(A) of the Industrial Disputes Act, 1947 (for short "the 1947 Act") referred the dispute before the Tribunal for adjudicating as to whether the termination is justified.
(3.) The respondent no. 1 filed his written statement before the Tribunal contending that he was a permanent employee under the appellant. He went to the factory premises on January 6, 1996 to collect his outstanding dues as per the instruction of the management. When he was about to leave the factory premises, the durwans checked the tool box of his motorcycle and found one dice which is alleged to be used for the purpose of the factory. It was alleged that the said dice was kept by the durwans at the insistence of the management. It was further stated that on January 7, 1996 he was compelled to sign on a blank paper under undue force and coercion.