ENGINEERING PROJECTORS INDIA LTD Vs. GOUTAM CHATTERJEE

JUDGEMENT

(1.) This appeal at the instance of the respondent is directed against the judgment and order passed by the learned Single Judge in C. O. No. 1249 (W) of 1996.

(2.) The writ petitioner/respondent was an employee under the appellant and he worked for more than 240 days within a period of 12 months preceding his termination. On 10.4.92 the writ petitioner was appraised that his service was no more required and as such he was terminated with immediate effect. Under the letter dated 11.4.92 the service of the writ petitioner was terminated with effect from 13.4.92 and account payee cheque was enclosed with the said letter. Although notice of termination was issued on 11.4.92 the same was posted on 12.4.92. There was paper publication in two daily newspapers The Telegraph' and The Ajkal' on 27.4.92 and therefrom it appeared that termination was effected from 13.4.92. The Tribunal held that subsequently there was tripartite agreement held on 9.7.92 before the Deputy Labour Commissioner in respect of the dispute between the employer and the site workmen represented by All India E.P.I. Sites Employees' Union over the termination of the employment of the site workmen arising out of the closure of the project work. On the basis of such agreement some of the workers were retained in the Company and 32 out of 33 temporary workmen had taken terminal benefits. The writ petitioner did not take any benefit. The Tribunal was of the view that the said settlement was legal and binding on the parties and the order of reference was incompetent and without jurisdiction and the management was justified in terminating the service of the writ petitioner.

(3.) Being dissatisfied with the award of the Tribunal the writ petitioner filed the writ petition and learned Single Judge by the impugned order set aside the award and directed the respondent No.3 to reinstate the petitioner with full back wages immediately.