PERSONNEL MANAGER BATA INDIA LTD Vs. GOURPADA DUTTA

JUDGEMENT

(1.) This petition under Article 227 of the Constitution of India has been directed against the order dated December 23, 1987, passed by learned Chief Judge, Small Causes Court, Calcutta-cum-Appellate Authority under Section 17 of the Payment of Wages Act in R.W.A. Appeal No. 1 of 1987.

(2.) The opposite party filed an application before the learned Competent Authority and contended that he was an employee of Bata India Limited (petitioner). That the petitioner had not paid his wages from October 24, 1962 to February 19, 1967. The claim petition was filed as late as in 1979. The learned Competent Authority condoned the delay and allowed the application.

(3.) The petitioner filed an appeal before the learned Appellate Judge and contended that the opposite party was arrested by the police and remained absent from duty for several days without any application for leave. His services stood terminated on account of his wilful absence, as per the Standing Order of the company. After the employee was acquitted by the Criminal Court, he was given fresh appointment with the petitioner-company on compassionate grounds. After his reappointment, the opposite party prayed that his past services should be taken into account for retiral benefits only. His prayer was granted. The learned Appellate Judge dismissed the appeal. Hence this petition.