BHASKAR GHOSH Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The aforesaid writ petitions concern both challenge and implementation of the award dtd. 19/11/2019 passed by the Learned 7th Industrial Tribunal, Kolkata in case no. 12 of 2012.

(2.) One, Bhaskar Ghosh (hereinafter referred to as the "workman") had joined the services of the West Bengal Surface Transport Corporation (hereinafter referred to as the "Corporation") as a driver vide letter of appointment dtd. 27/11/2001. The appointment of the workman was confirmed by letter dtd. 21/12/2002 and according to the said workman, he continued in service till 6/3/2003.

(3.) Incidentally, on 6/3/2003 at about 6.15 p.m. the workman, while driving a bus owned/managed by the Corporation met with a road accident with a private car (TATA Sumo) near the traffic signal of Belvedere Road, Alipore, adjacent to a Maruti Showroom. The accident ultimately, resulted in the death of an on-duty traffic constable of Kolkata Police. A criminal case was started against the workman and on 8/3/2003, a traffic officer of the Corporation took custody of the driving license from the workman and had submitted the same before the Lal Bazar Fatal Squad of Traffic Police. Subsequently, the Corporation had issued a show cause notice calling upon the said workman to explain why an enquiry shall not be initiated against him on the following grounds: