GAUTAM MAJUMDER Vs. INSTITUTION OF ENGINEERS (INDIA)

JUDGEMENT

(1.) The instant appeal is at the instance of the respondent no. 3 in the writ petition and is directed against an order dated August 10, 2018 passed by a learned Single Judge in WP 25115 (W) of 2017. By the order impugned the order of the learned Tribunal setting aside the order of dismissal was set aside. The writ petitioner/the Institute was directed to pay Rs.3.00 lakhs to the appellant.

(2.) The appellant was employed under the Institution of Engineers (India) (for short "the Institution"). The appellant was guilty of being a habitual absentee. His service was terminated on 31/12/2003. In June, 2006 the workman collected employment experience certificate as well as provident fund dues. Long thereafter, sometimes in December, 2008 he made a representation to the conciliation officer purporting to raise an industrial dispute. The workman applied under Sec. 10(1B) of the Industrial Disputes Act, 1947 challenging the order of termination and prayed for reinstatement along with back wages.

(3.) The Labour Court, by an order dated July 28, 2014 found the domestic enquiry to have been improper and invalidated the same by setting aside the enquiry report. Thereafter, evidences were led by the parties and the Labour Court passed the award dated December 30, 2016 directing reinstatement in service with 50% back wages and other consequential benefits. The said order was the subject matter before the Writ Court.