CANON ELECTRONICS SYSTEMS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The instant writ petition has been filed, inter alia, challenging the award dtd. 21/7/1988 passed by the learned First Industrial Tribunal, West Bengal.

(2.) Shorn of unnecessary details, the facts are that one Mr. Basudeb Basak was an employee of the writ petitioner (hereinafter referred to as the "workman"). The factum of appointment of the workman with the petitioner would corroborate from the letter of appointment dtd. 16/9/1991. Subsequently, the petitioner by issuing a letter of confirmation dtd. 1/12/1991, confirmed the services of the workman. Incidentally, by a communication in writing dtd. 3/10/1992 the petitioner informed the workman that he had been able to achieve business of Rs.285.00 in the month of September, 1992 and his deficiency has crossed over Rs.60000..00 It was further observed in such communication that in the event the said workman fails to cover up the total deficiency there shall be no alternative but to discontinue him from the service of the organisation.

(3.) Later in the year 1993, since, the said workman was kept idle, the respondent no. 3 alleging unfair labour practice by a communication dtd. 19/4/1993, which was addressed to the Marketing Manager of the petitioner, had called upon him to restore the normal duties of the workman.