D.P.Kundu, J. - (1.) In this writ proceeding the writ petitioner has challenged the award dated 6.8. 1988 passed by 1st Industrial Tribunal West Bengal in Case No. VIII-297/84.
(2.) In the award the learned Tribunal inter alia, held as follows: "Considering all the aspects of this case I am of opinion that withhelding of standing orders in this case gives benefit to the concerned workmen. No explanation has been given for non-production of standing orders before this Tribunal by the Company. In view of Appendix-A, Model Standing Orders, Clause (3) (a) of Rule 10 of Bengal Industrial Employment (Standing Orders) Rules, 1945 I have no hesitation to hold that the concerned workman is deemed to have been confirmed by implication as he worked for 340 days. In view of my findings above I am constrained to say that the termination of services of the concerned workman Sri Swapan Bhattacharjee is unjustified. M/s. Kusum Products Ltd. is directed to reinstate the concerned workman Sri Swapan Bhattacharjee in service in permanent post together with all back wages and other amunities. This is my award"
(3.) By virtue of letter dated December 21, 1982 issued by the Works Manager of the respondent company the petitioner was appointed as Assistant on probation for a period of six months from date of joining duty with a provision to extend the period of probation, if required. It was specifically stated in the aforesaid letter of appointment dated December 21, 1982 that unless the petitioner is confirmed in writing he should continue to be on probation. The relevant part of the letter of appointment dated December 21, 1982 is set out hereunder: "We are pleased to offer you an appointment as 'Assistant' in our Time Office on a basic salary of Rs. 270/- (Rupees Two hundred seventy only) per month, excluding Variable Dearness Allowance you will be in 'C' grade. Your date of joining duty is 1st December, 1982. You will be on probation for a period of six months from the date of your joining duty which may be extended, if required. Unless you are confirmed in writing you shall continue to be on probation. Further terms and conditions shall be mentioned in usual appointment letter which will be made over to you in due course. Please sign the duplicate copy of this letter indicating your acceptance.";