Abhijit Gangopadhyay,J. - (1.) This writ application is directed against an award whereby the writ petitioner has been directed to be reinstated with 10 per cent of back wages. The petitioner claims that the award should be reinstatement with full back wages.
(2.) The case of the petitioner in short is, he was a driver in the respondent company and was terminated without any notice and without any disciplinary proceeding against him. He raised objection to such termination which yielded no result and therefore, he raised an Industrial Dispute. The Assistant Labour Commissioner tried to settle the dispute by way of conciliation which had failed and the writ petitioner obtained a certificate in prescribed form under Section 10(1B) (d) of the Industrial Disputes Act, 1947 (ID Act, in short, hereafter) and the Industrial Dispute case was initiated before Seventh Industrial Tribunal, Kolkata bearing case No. 24/2014 .
(3.) From the award it appears that the respondent company herein entered appearance before the tribunal and filed written statement on 22.07.2014 denying each and every allegation but it was admitted that the petitioner worked as a driver in the company and it was stated in the written statement that he was not terminated, he actually stopped attending his duty and stopped coming to the office.;