Decided on May 16,2019

Bishnupada Acharjee Appellant


Shampa Sarkar, J. - (1.) In this writ petition the workman has challenged an order dated May 18, 2012 passed by the learned judge, First Labour Court, West Bengal, in Case No.Comp.35 of 2004, rejecting his claim under Section 33-C(2) of the Industrial Dispute Act, 1947 (hereinafter referred to as the said Act).
(2.) The petitioner's case is that on September 20, 2004 the petitioner filed an application under Section 33-C (2) of the said Act, claiming salary and other benefits to be computed and determined by the learned Labour Court under the following heads:- a) Medical with leave from December, 1996 to April, 1998; b) Salary from May, 1998 to December, 2003; c) Arrear Bonus of 1994 to 1995; d) LTC encashment from 1995 to 2004; e) Authorized Leave encashment from 1996 to January, 2004.
(3.) The statement of dues was stated in details in the application before the learned Labour Court as annexure A. The total amount claimed was Rs. 7,63,705.25/-. The petitioner stated in his application that at the relevant point of time he was deputed to the Digital Division/Radio/MUX production of the respondent No.2, company, where circuit boards of electrical items were manufactured. While performing his duties, he fell ill on October 9, 1996 and his superior asked him to go home. Thereafter he consulted a cardiologist who advised him to take complete rest. He then requested the company to grant him leave upto March 7, 1997. The salaries for the month of October and November, 1996 were duly paid to him but the Leave Travel Concession (LTC) encashment and arrear bonus were not released deliberately by the company. He sent series of letters dated March 10, 1997, July 9, 1997, November 10, 1997, March 9, 1998 and May 4, 1998 to the company along with original medical certificates with a request for extension/grant of leave. The company issued a charge sheet on April 17, 1998 signed by the Chief Executive of the company alleging unauthorized absence. The petitioner was charged with absence without leave, neglect of work, commission of acts of indiscipline, bad behaviour and acting in a manner prejudicial to the interest of the company. He replied to the charge sheet by filing his written statement of defence dated May 8, 1998. He denied the charges and expressed his willingness to work. By a letter dated July 26, 1998 he intimated the Chief Executive of the Company that he had expressed his desire to join the company but was prevented. He reiterated his request to be allowed to join his duties. By a letter dated August 5, 1998, the company informed him that the question of resumption of duty would be reviewed after satisfaction and proper examination of the medical certificates by the company and further examination by a Medical Board to be constituted by the company to determine the physical condition of the petitioner. The disciplinary proceeding initiated on April 17, 1998, concluded with the imposition of the punishment of dismissal from service which was communicated to the petitioner by a letter dated December 26, 2003. Thereafter, the petitioner filed the application under Section 33-C(2) of the said Act claiming salary and other dues before the learned First Labour Court, West Bengal which was registered as Case No. COMP 35 of 2004. The order of dismissal was challenged in a reference proceeding under Section 10(1) of the Industrial Dispute Act, 1947. The petitioner prayed for reinstatement with full back wages and other consequential reliefs. By an order dated May 25, 2016 the order of dismissal was upheld by the Learned Fourth Industrial Tribunal, West Bengal in Case No.VIII-124 of 2005. Aggrieved by the aforementioned award the petitioner filed a writ petition being W.P.No.25658 (w) of 2016 before this court which is pending disposal.;

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