Amitava Lala, J. - (1.) In this writ petition, an award of the 2nd Labour Court, West Bengal, dated 30.5.1979 has been challenged before this Court. The issue of reference was that "Is the dismissal of Sri S.K. Pathak with effect from 23.4.1973 justified ? To what relief, if any, is he entitled ?"
(2.) The petitioner was carrying out as marketing agent of Electrogeners Private Limited and also doing some trading business. It had no manufacturing works.
(3.) The respondent No. 3 was the only employee who was engaged for full time work. The petitioner had no knowledge prior to 21.4.1973 that such employee had his own business whatsoever. Upon finding that the respondent No. 3 was negligent in his duties and taking the advantage of the absence of the partner of the petitioner from office, used to go out of the office without any permission and information and remain out of office for about 3/4 hours in a day; used to ask for leave for some days at a stretch by giving some reasons, but later on found that the reasons given by him on his leave application were false and also indulging in the dishonest activities. The petitioner by a letter dated 21.4.1973 discharged the respondent No. 3 from the service by recording certain state of affairs which are as follows:- "In confirmation of our mutual discussion to-day, we hereby discharge you with effect from 23rd April, 1973. In course of discussions, you also agreed that apart from working with ourselves, you were also carrying on without our prior permission with part time services and other agency work etc. elsewhere in which you were more interested. This not only interfered with your working with us satisfactorily, but our work suffered too. You are hereby advised to collect your salary due and also one month's salary in lieu of notice within 10 days of the receipt of this letter." It is needless to mention that the position of law which was applicable at the time of such discharging, will be applicable in the case of the incumbent. Moreover, the letter appears to be an outcome of discussions with (between) the employer and the employee.;