BIECCO LAWRIE LTD Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) In this appeal the order dated October 4, 2004 passed by the learned single Judge in W.P. No. 5228(W) of 2004 has since been assailed. The learned single Judge by the said order was pleased to dismiss the writ petition on the ground that there was no patent illegality (sic) or perversity in the award passed by the learned Industrial Tribunal. The High Court is not a Court of appeal and the writ jurisdiction does not permit re-appreciation of the evidence and as such the finding of the learned Tribunal could not be interfered with.

(2.) The main ground on which the learned counsel for the appellant Mr. P.K. Dutta challenged the order is only on the ground of perversity. The workman appeared in person. The State was represented by Mr. Arup Das and Mr. T.K. Majumdar. In order to bring home his contention, Mr. Dutta took us to the charge sheet at page 46 of the application, which reads thus:

(3.) In his reply at page 47, the workman emphatically denied the charges. He pointed out that it is recorded in the records that on July 27, 1984, five Top Plates were placed on the Stand and there was no reason of delay and he was not responsible for any delay and that the company did not suffer any loss. He denied all the other charges. There was an enquiry pursuant to which he was dismissed. In a letter dated November 22, 1985 after having received the letter of dismissal, the workman pointed out that he was mentally ill and this was the reason for his conduct and he submitted prescription of the medical tests.