BHATTACHARYA, J. - (1.) An award dated March 16, 1995 passed by the 8th Industrial Tribunal, West Bengal is the subject matter of this writ application.
(2.) The following disputes were referred to the Tribunal: "1. Whether the Management of Engineering Projects (India) Limited is justified in terminating the service of Sri Goutam Chatterjee, Electrician, after a continuous service of more than 240 days? 2. To what relief if any is he entitled to?" By the award impugned herein the Tribunal had answered those issues in favour of the employer holding that the employer was justified in terminating the service of the employee and that the employee was not entitled to any relief.
(3.) There is no dispute that the petitioner was appointed initially at the rate of Rs. 30.00 a day but subsequently, the said amount was enhanced to Rs. 41.50 paise a day and ultimately his salary was Rs. 900.00 a month. There is also no dispute that the petitioner had worked for more than 240 days within a period of twelve months preceding his termination. By a telegram dated April 10, 1992, the petitioner was communicated that his service was no more required and as such he was terminated with immediate effect. It was further mentioned that the said telegram might be treated as termination notice of his temporary employment. In the said telegram it was further stated that the letter giving details of the terminal benefits/dues and the cheque would follow. Thereafter, by a letter dated April 11, 1992 the service of the petitioner was terminated and at the bottom of the said letter it was stated that A/c Payee cheque bearing No. 188165 dated September 8, 1992 was annexed as terminal dues. Although the notice of termination was issued on April 11, 1992 but the same was posted on April 12, 1992. Subsequently, there was a paper publication in two daily newspapers viz. The Telegraph and Aajkal on April 27, 1992 and from the said publication it would appear that the termination was effected on April 13, 1992 and that the legal dues were being sent.;