INDIAN ALUMINIUM CO LTD Vs. THIRD INDUSTRIAL TRIBUNAL

JUDGEMENT

(1.) The respondent No. 2 Animesh Chandra Sen is an employee of the petitioner Indian Aluminium Company Ltd. He was initially employed as an Assistant Geologist on a temporary basis at petitioner's Lohardaga Mines near Ranchi in the State of Bihar with effect from 1st November, 1963 at a salary of Rs. 500/- per month. He was appointed on a permanent basis with effect from 1st June, 1965 in the said post at an increased salary of Rs. 550/- per month, later his salary was further increased to Rs. 988/- per month.

(2.) The respondent No. 2 has been promoted to the post of Geologist with effect from 25th September, 1969 and he was assigned technical, personnel and public relations activities, and there was further increment in his salary.

(3.) On or about 5th December, 1970 the respondent No. 2 along with two other officers of Chandgad Mines, namely, Mr. T.K. Dey, and Mr. A.K. Mandal met with serious accident on the highway while travelling in a taxi hired for the purpose of taking holiday trip to Goa. On the way the car had a head-on collision with a speeding State Bus and as a result of the accident the occupants including the respondent No. 2 were injured and admitted to a nursing home in Belgaum. The injury sustained by the respondent No. 2 was serious in nature and his right hip bone was ractured. It is alleged by the petitioner that at his request the respondent No. 2 was transferred to Calcutta with effect from 31st December, 1970 and was stationed at the Head Office of the petitioner. According to the petitioner such transfer was made purely on compassionate ground in order that he might receive the facility of medical care and treatment according to his choice.