Pratap Kr. Ray, J. - (1.) In this writ application, the writ petitioner a company has challenged the award dated 2nd November, 1995 passed by 2nd Industrial Tribunal, West Bengal whereby and whereunder on adjudicating the issue "whether termination of service of Sri R.N. Das is justified? What relief, if any, is he entitled?" as referred to by reference of Labour Department, Government of West Bengal under Order No. 2935-IR/17L-5/92 dated 19th October, 1992 under Section 10 of the Industrial Dispute Act hereinafter refer to as said Act, the issue was decided in favour of the said Sri R.N. Das declaring his status as workman and thereby holding that the termination of the said workman was in violation of principle of natural Justice as no enquiry was held and accordingly granted relief to the workman by directing reinstatement of workman in service with back wages. After the award was passed, the writ petitioner company moved the learned Tribunal with Review Application and on merit such application, was decided and dismissed. Same is also the subject matter of this writ petition.
(2.) Before the Learned Tribunal, respective parties submitted their written statements. Sri. R.N. Das. respondent No. 3 herein submitted that M/s. India Jute and Industries Limited (Jute Mill Division) having Office at 16, Strand Road, Calcutta to maintain their gardens employed six gardeners and he was appointed as Garden Supervisor some time in September, 1974 at a monthly salary of Rs. 150 per month. His work was to render manual labour at garden within the companies premises, his salary was all through paid by vouchers, he read up to School final standard and secured practical training in Horticultural and Agricultural activities in the Royal Horticultural and Agricultural Society (P) Ltd., 1, Alipore Road, Calcutta. His job was to select seeds and plants of different types of flowers from Nursery and Garden, to purchase those seeds and plants, earthenware pots or ebonite of plastic body for planting those flower plants and to maintain the Garden. Claiming Bonus, Provident Fund and E.S.I. facilities etc. he submitted a letter on 6th March, 1990 and also prayed for minimum wages thereto. Many reminders made but the fate of such claim as made was negative. The company illegally terminated his service by not allowing him to work with effect from 7th May, 1990. Grievance of such illegal action was raised by the letter dated 11th May, 1990 when the matter was referred to Jute Labour Commissioner, Srirampur for his intervention. After that he was allowed to resume duties and to work till 8th September, 1991. On 9th September, 1991 his service was verbally terminated. By his representation dated 24th September, 1991, grievance was lodged on that issue but company did not allow him to resume duties. Concerned Union referred the matter to Jute Labour Commissioner, Government of West Bengal, Srirampur. The company did not answer the representations dated 16th March, 1990, 10th April, 1990, 11th May, 1990 and 24th September, 1991 as filed by him. The company did not respond the conciliation proceeding and accordingly matter was referred to the Government for a reference to the Tribunal for adjudication and ultimately the Government referred the matter. Company in the other hand denied the relationship of employer and employee and submitted that on the fact situation it was not a case of Industrial Dispute. Before the Learned Tribunal, the respondent No. 3 herein placed many documents as were exhibited. The company cross-examined the respondent No. 3. Company did not produce any witness to nullify the claim of the respondent No. 3 and also did not produce any documentary evidence.
(3.) On considering the oral and documentary evidence, the Tribunal was satisfied, which is reflected in its decision with reason that respondent No. 3 is the workman and his service was illegally terminated and accordingly passed the award, which is impugned in this writ application.;